Railroad Exposure Injuries Resulting from Harmful Substances and Materials

When most people think about injuries that occur while working for a railroad, they think of severed limbs, broken bones, vicious lacerations and other traumatic and usually obvious injuries to the body. While these are indeed all too commonplace on the railroad, there is another, less obvious and yet potentially life-threatening type of injury. These are known as occupational exposure injuries.

Exposure injuries occur as a result of being repeatedly exposed to harmful materials and substances, usually over the course of several years. The railroad industry regularly requires employees to work with or around a wide variety of harmful substances and materials. They also regularly fail to provide adequate warning, training and protective equipment to prevent employees’ exposure to these dangerous substances. Harmful materials and substances that railroad workers are often exposed to include the following.

• Asbestos
• Silica dust
• Rail dust
• Diesel fumes
• PCB’s
• Chemicals
• Cleaning solvents
• Welding fumes
• Lead

Internal Damage — The Danger of Exposure Injuries

The danger of exposure injuries is that they, unlike traumatic injuries which result from outside forces damaging the body, result from dangerous particles entering the body and damaging it on the inside. On railroads, exposure most often occurs through breathing in the dangerous particles, either inhaling them directly from the source or inhaling them after they’ve rubbed off on the worker’s clothing. There are other ways exposure can occur as well.

Because the damage occurs where it cannot be seen, on the inside of the body, and because the damage accumulates over time, exposure injuries usually aren’t even detected until the condition is significantly advanced. Situations like this result in long-term injuries, disability and illnesses that rob a person of the joys of life and the ability to earn a living. Conditions and illnesses railroad workers have been known to suffer due to exposure to harmful substances on the job include:

• Asbestosis
• Silicosis
• Mesothelioma
• Lung cancer
• Lung damage and pulmonary conditions
• Brain and/or nerve damage
• Depression
• Anxiety
• Disabilities
• Other mental and physical disorders

Recovering Damages for Occupational Exposure Injuries on the Railroad

Under the Federal Employers Liability Act (FELA), railroad employees who suffer occupational exposure injuries for which the railroad’s negligence is at least partly responsible for can file a personal injury claim against the railroad and recover compensation for the damages they suffered. Damages that can be recovered under a FELA claim include:

• Medical bills, including psychological treatment
• Lost income
• Mental anguish
• Pain and suffering
• Physical impairment
• Fear of developing cancer
• Loss of benefits, including pension
• Aggravation of pre-existing conditions
• Loss of consortium/companionship
• Loss of joy of life

Requirements for a FELA Claim for Exposure Injuries

In order to succeed with a FELA claim, the injured railroad employee must be able to show each of the following:

• An injury was incurred and damages suffered
• The injury resulted from exposure to harmful materials or substances while working for the railroad
• The railroad knew or should have known about the dangerous substance or material and the potential for employees’ exposure to it
• The railroad failed to provide adequate warning, training or safety equipment or take other appropriate precautions to prevent employees’ exposure to the dangerous material or substance

It is NOT necessary that the railroad be 100% to blame for the exposure and resulting injury in order to recover damages in a FELA claim. However, the railroad is only required to pay a percentage of the claim’s value equal to the percentage of liability they hold. If a railroad is 100% to blame, they’ll pay all of the claim’s value. However, if a jury finds that a claim is worth $5 million, for example, and the railroad is only 80% at fault, the railroad would only be required to pay $4 million. The remaining 20% of fault could be the injury victim’s, in which case the victim would be on his own for the remaining $1 million. Or the remainder could be the liability of a third party, such as a company that supplied parts containing the dangerous material, in which case that company would be required to pay the balance.

In Michigan, the personal injury firm of Sachs Waldman, P.C., includes attorneys who are well-versed in FELA claims and railroad injuries. We can assist railroad injury victims in determining whether there is evidence for a FELA claim and bring any such claim against the liable railroad efficiently and effectively. If you’ve been injured on the job for a railroad, call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.