FELA Claims for Solvent Exposure
A statement by the Department of Health and Human Services says that significant numbers of railroad workers may be exposed to solvents. Short- and long-term solvent exposure in railroad work can be harmful.
Chemical solvents
A solvent is a chemical that dissolves other chemicals into it. Usually, it’s a liquid. It may be acidic or basic. Solvents are powerful industrial cleaners, and they may also be used in product manufacturing.
Understanding the Risks of Solvent Exposure in Railroad Work
There are multiple ways that a person may be exposed to solvents in railroad work, including the following:
- When using cleaning materials for routine cleaning and maintenance
- Loading and unloading of cars
- Handling hazardous materials being transported
- Leaks and other handling failures
- Derailment, collisions
- Painting
- Working in a confined space and breathing dangerous chemicals
How are solvents used in the railroad industry?
Solvents are used as powerful cleaning agents in the railroad industry. Other substances dissolve into the solvent, forming a solution. That means solvents can clean the dirt, grease, and grime that accumulates during railway activity.
Harmful substances like coal dust, diesel exhaust, and coal-tar creosote may be a product of railway activity. Other substances may be carried by the railway as transported goods, and solvents may be present in these substances. For example, benzene and other carcinogens are found in diesel exhaust. Benzene evaporates as a gas, and even small amounts can be harmful when inhaled. In addition, solvents can be used as cleaning agents in the industry, exposing workers to the risk of disease and various cancers.
Solvent exposure in railroad work may contribute to occupational disease. One study points to an increased incidence of lung cancer among railroad employees. They say that railroad exposure may contribute to neuropsychological problems and other health issues that haven’t been fully identified yet.
Types of Injuries and Conditions Caused by Solvent Exposure
- Anemia
- Immune system dysfunction
- Leukemia
- Hodgkin’s disease
- Myeloma
- Bladder cancer
Filing a FELA Claim for Solvent Exposure Injuries
A person who is harmed by solvent exposure in the railway industry may file for compensation under FELA. To succeed in their claim, the person must show that the railway was negligent in allowing the person to be exposed to the solvent. They must show that the exposure was responsible, at least in part, for the person’s medical problems.
To receive compensation, a person must bring a claim under FELA. Unlike state workers’ compensation programs, a FELA claim formally starts with a court filing. The claim alleges the railway company’s negligence and demands compensation.
Example of Solvent Exposure in a FELA Claim
Boren v. Burlington Northern Santa Fe. Ry. Co. is a FELA claim based on exposure to toxic chemicals. The plaintiff claimed they were exposed to toxic chemicals over a 30-year career with the railroad. The worker began with the railroad in his early 20s, working as a laborer, cleaning railcars, as an apprentice carman, and then as a carman.
Exposure to solvent
His work involved using a five-gallon bucket of solvent for up to four hours at a time. The solvent came from a larger drum.
Despite the dangers, the railroad never provided the worker with gloves or a respiratory device. He never received training in proper handling. After solvent use, his hands would become chapped and red, with the skin splitting at times.
In another role with the company, the plaintiff inspected newly painted railcars. The work required placing stencils into solvent tanks and cleaning them with a rag.
The basis for the claim
The plaintiff in Boren based their FELA claim on the following:
- Not providing necessary tools and equipment
- Inadequate ventilation
- Lack of training and education
- Failing to warn of dangers
- Exposure to chemicals
The plaintiff suffered cirrhosis of the liver and esophageal varices.
The railroad fights the claim
At trial, the plaintiff called an industrial hygiene expert, who spoke about solvents in the workplace. Evidence showed that the chemicals are known to cause liver damage and the exposure was of an amount that would result in the plaintiff’s maladies. The jury found in favor of the plaintiff and awarded a $500,000 verdict.
The railroad challenged the verdict on appeal, saying the admission of expert testimony was improper.
The appeals court upheld the verdict. They said that the victim doesn’t need to have a precise table equating exposure with harm and that the evidence presented was proper and sufficient for the jury award.
Boren v. Burlington Northern Santa Fe. Ry. Co., 10 Neb. App. 766, 637 N.W.2d 910 (Neb. Ct. App. 2002)
Proving Solvent Exposure in a FELA Claim
Proving the claim may require significant documentation. The person must prove that they were exposed to solvents and what chemicals were used. They may need to explain what personal protective equipment or education was offered, if any, and that it was insufficient to protect the worker from harm. There must be sufficient factual evidence, and scientific evidence will be needed to explain the harm suffered by the victim.
Seeking Compensation for Solvent Exposure
Someone who successfully proves their right to compensation for solvent exposure under FELA may claim economic and non-economic damages. Their damages may cover the cost of current and future medical expenses. They may also claim reduced life expectancy and loss of enjoyment of life and seek pain and suffering and mental anguish compensation.
To receive compensation, there must be a claim. The injured worker may have assistance from a FELA attorney for solvent exposure.
Contact an Experienced FELA Claims Lawyer
At Sarphie Law, we foster care, support, and understanding. We are a FELA chemical exposure claims lawyer, handling cases nationwide. We handle the most complex claims, including claims based on solvent exposure.
If you have worked in the railroad industry and you have suffered health problems related to solvent exposure, you may have a claim. Attorney Daren Sarphie will investigate your situation. Your case review is 100% free and confidential.
To talk to a FELA solvent exposure lawyer and get legal help now, contact us.
