Working in every industry comes with certain hazards that could cause injury to employees from California and elsewhere. In some instances, that includes exposure to chemicals and other toxic substances. Sometimes, the effects of toxic exposure occur immediately, but in other cases, it can take years for the damage to appear. Perhaps the most famous example is exposure to asbestos, which causes often fatal medical consequences for those exposed, but it could take years before any symptoms are seen.
The injuries suffered by railroad workers do not fall within the traditional workers’ compensation systems here in California or anywhere else in the country. Instead, they fall under the Federal Employers’ Liability Act. It is under this act that one former railroad worker has filed a lawsuit alleging that it was through his employer’s negligence that he suffered toxic exposure to carcinogens and chemicals.
The Texas man now suffers from liver and colon cancer. He attributes his condition to the fact that certain of his job duties and the equipment he used or was around unduly exposed him to the chemicals and carcinogens. He claims that his employer failed to do what was necessary to reduce or eliminate his exposure.
This man’s claim falls under the FELA, but workers who suffer toxic exposure in other industries could obtain workers’ compensation benefits. Whether a California resident worked on a railroad or in another industry in which exposure to toxic substances is a danger, the right to seek compensation and restitution exists. In either case, it may be a good idea to discuss the matter with an attorney who regularly handles workplace injuries to understand the legal options available.
Source: setexasrecord.com, “Engineer blames railroad company for exposure to toxic substances“, Noddy A. Fernandez, May 10, 2017
