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Railroad cancer cases have resulted in a wide range of verdicts and settlements. Bear in mind, some cases have resulted in “not guilty” verdicts where the sickened worker received nothing. Hughes Law Offices compiled a few cases below.

As you can see, these cases often involve diesel exhaust along with other workplace toxins like solvents, silica sand and asbestos. While no two cases are alike, these results should give you some guidance regarding the potential settlement and verdict value of railroad cancer claims, the types of exposures, and the affected workers.

$5,750,000 Railroad Burn Death Result – A husband, father of two sons, and railroad conductor lost his life after the train he was working on collided with a gasoline truck in Chalmette, Louisiana. The train wreck resulted in a massive explosion causing third-degree burns over his entire body. Suffering for 10 hours before his death, this husband and father never made it back home from his railroading work that day. His widowed wife and sons brought wrongful death and survival actions against the railroad, the trucking company, and the companies in charge of the highway design. The settlement obtained in the case provided the railroad conductor’s widow and sons with the wages and benefits he would have earned over the rest of his railroad career.

For Carisa Oden, the magnitude of this railroad worker losing his life while working a job that he loved fueled her desire to earn her law degree to continue protecting railroad workers and their families. When Carisa started working on this case as a paralegal and then as a law clerk during law school, she was tasked with evaluating the life of her husband, father, and railroad worker. Her research and work on this case helped compensate the widow and her sons after their father’s untimely death. Once Carisa became an attorney, she helped finalize the settlement for this railroader’s family. After spending 17 years at her previous firm, Carisa opened Poolson | Oden with her partner Danny Poolson to focus on the lives of railroad workers and help those workers and their families through the most difficult of situations imaginable.*

$5,000,000 Wrongful Death Verdict – A father lost his daughter in Louisiana’s pedestrian/motor vehicle accident. The Louisiana Democratic party sent a young worker to walk dangerous rural roads and knock on doors to encourage residents to vote for a candidate. The Democratic party made no efforts to determine if the road was safe for pedestrians. Despite a $20 million campaign budget, the Democratic party refused to purchase high-visibility vests, also known as personal protective equipment (PPE).

The accident happened when a distracted, intoxicated, and impaired driver drove 12-18 inches off the roadway striking the young worker in the back. The Democratic Party blamed the death entirely on the truck driver, who had narcotic medication in her system. The jury ultimately disagreed, returning a verdict of $5,000,000, holding the Democratic Party partially responsible for the young worker’s death. Following the ruling, the victim’s father was able to purchase a family home where the father’s three other children and their children could spend time together as a family.*

$4,000,000 Burn Death Explosion Result – A 40-year-old father and Jones Act seaman lost his life when the offshore diving vessel he was working on as a chief engineer exploded in the Gulf of Mexico. His family brought wrongful death and survival actions against the owner of the vessel and the seaman’s employer. The engineer miraculously survived the explosion but suffered for 38 hours before dying from his burn injuries at the Baton Rouge Burn Unit. It was discovered during the case that the seaman’s employer had violated several federal regulations during the pipe project where the Jones Act seaman was a part of the crew. A settlement was reached before trial helping the seaman’s only son buy a family home and car.*

$2,200,000 Highway Car Accident Settlement – A husband and father were involved in an accident when another driver pulled out in front of him on a busy highway. The injured driver suffered foot and ankle injuries requiring multiple ankle surgeries. The case, pending in Dallas County, Texas, was settled following mediation before trial. With the settlement, the injured driver could buy a family home and provide for his family the wages lost due to the accident.*

$1,525,000 Railroad Conductor Brain Injury Result – A husband and father of three sustained an electric shock injury while working as a railroad freight conductor in an auto distribution lot in Louisiana. While trying to throw a switch in the yard, he was shocked by a 7,000-volt electric fence that surrounded the auto facility. He immediately experienced amnesia for almost an hour, and his co-worker engineer observed him acting unusual, shaking, and sweating. Over the next several weeks, the railroad conductor experienced debilitating headaches, nausea, and personality changes. This caused his pregnant wife considerable concern and stress trying to care for her husband and two small children with a third on the way. Eventually, the railroad conductor was admitted to a facility to address his brain injury, being treated in-patient and forced to be away from his family for almost two years.

A lawsuit was filed against his railroad employer, the electric fence company, the parent company of the railroad employer, the auto distribution center, and the on-site security company. Throughout the case, it was found that the fence was not de-energized as required when train crews were working, and the switch was too close to the electric fence. A settlement was reached with all of the Defendants. This settlement helped the railroad conductor continue receiving treatment for his brain injury, helped him get back to his love of riding motorcycles, and helped support his growing family, including helping his wife finish her education.*

$1,515,000 Railroad Bridge Worker Verdict – A railroad bridge worker was injured while renovating a railway bridge in Louisiana when struck by a 1,000-pound railroad wooden timber swung by a track hoe operator. The railroad bridge worker was thrown onto the bridge’s surface, where the railroad timber fell on him, crushing his right leg. Due to his injuries, the railroad bridge worker underwent surgery to fix his crushed leg by inserting a rod and screws into his tibia and fibula. A lawsuit was filed against his railroad employer and the bridge repair contractor. After a three-day trial in federal court in New Orleans, the jury returned a unanimous verdict for the railroad bridge worker.*

$1,500,000 Illegal Left Turn Auto Accident – On her way to work, a home health care nurse was injured in an automobile accident when another vehicle pulled out in front of her after making a left turn across two lanes of travel. After the wreck, the client suffered a traumatic brain injury (TBI) and neck and disc injuries requiring cervical fusion surgery. The case was pending in the Federal District Court, Western District of Louisiana, before being settled at mediation shortly before trial.*

$1,225,000 Illegal Turn Auto Accident Settlement – A casino worker’s mom was injured in an accident when another vehicle made an illegal turn in front of her car, causing a collision. The other driver admitted she did not see the impaired driver’s vehicle until after the wreck. The investigating officer found that the other driver was driving distractedly.

The injured driver had herniated discs at four (4) levels in her neck. At levels C3-4 and C5-6, the disc herniations were pressing and pinching the spinal nerves. Ultimately, the client had to undergo three-level cervical fusion surgery on her neck. After her surgery, the client returned to work. The case was settled at mediation. With the settlement, the client could pay all of her medical bills and her daughter’s education.*

$795,000 18-Wheeler Accident Settlement – Sharon D. was sideswiped by an 18-wheeler traveling at five mph in Jefferson Parish, Louisiana. The wreck affected Sharon’s everyday life, and she could no longer pick up her grandchildren or participate in social activities. Sharon, who had pre-existing neck and back problems, suffered neck and back, spinal injuries in the wreck, resulting in a three-level cervical fusion. Despite the pain from the impact, Sharon continued to work. However, the insurance company and 18-wheeler company blamed Sharon for the impact and refused to take responsibility for her injuries because she had prior neck and back treatment, lead trial attorney Danny Poolson was able to settle with the insurance company and the 18-wheeler company shortly before the trial. The case was pending in the 24th Judicial District Court in Jefferson Parish, Louisiana, before it was settled. With the settlement, Sharon was able to pay for her medical treatment, and now she can pick up her grandchildren again!*

$725,000 Oil Field Accident Settlement – A falling object hit an oil field crew member in the face (“birdie”). The defendant oil companies argued against the injured worker claiming they were immune from liability under Louisiana’s “statutory employer” doctrine. The “statutory employer” doctrine says that when a well owner hires a company to work at the well, the company’s employees cannot sue the well owner for what the well owner does wrong. Oil companies bring this up in every case to keep workers out of the courtroom and profit enormously from injured workers. Danny has defeated the “statutory employer” defense, specifically, the “two contract theory.” Under La. R.S. 23:1061, the two-contract theory applies when:

1. The principal enters into a contract with a third party;
2. Under that contract, work must be performed; and
3. To fulfill its contractual obligation to perform the work, the principal enters into a subcontract for all or part of the work performed.

In the injured crew member’s case, a well owner assigned a “company man” to supervise a wellsite. While operating the site, a pump change was required. The company man hired a subcontractor to perform the pump change. The injured crew member was a floor hand on the subcontractor’s crew. The company man is supposed to hold a safety meeting to outline the proper job procedure and talk about how to keep workers safe. The company man did not have the safety meeting. The derrick was unsafe, and a 5-pound object (“birdie”) fell 50 feet to the ground striking the injured crew member in the face.

The oil company asserted the “statutory employer” defense and pointed to contracts between the oil company and the crew member’s employer. For the oil company to successfully maintain the “statutory employer” defense, it needs to show that there was a valid contract. A large settlement for the injured worker and his family was obtained before trial.*

$600,000 Elbow/Bicep Injury for Railroad Conductor – Husband and father of three daughters worked as a brakeman performing a railroad switching operation. While working as a brakeman, he pulled the cut lever of the railcar, which controls the knuckle pin and is part of the coupler apparatus. The cut lever came part way up and then jammed suddenly. The railroad brakeman immediately felt a burning pain in his elbow and reported the injury to his conductor. Several railroad supervisors, including the claims adjuster, came to the accident scene to inspect the equipment before taking the brakeman to the hospital. The individuals participating in the reenactment attempted to uncouple the railcar and had trouble with the cut lever and coupler failing, preventing them from uncoupling it. After this “reenactment,” the brakeman was allowed to go to the hospital for his injuries.

A lawsuit was filed against his railroad employer for failing to provide the brakeman a safe place to work and requiring him to operate malfunctioning and defective rail equipment. Because of the railroad’s equipment condition, the brakeman sustained injuries to his left elbow and left bicep. The injuries he sustained required emergency room care and two separate surgeries. A settlement was obtained in the case before trial, and the brakeman and his family continued to receive medical insurance for two years after the settlement.*

$300,000 Big Rig Accident Settlement – An 18-wheeler sideswiped a driver on Interstate 20. Although there was minimal property damage to the injured driver’s vehicle, the driver suffered neck injuries. Danny and the litigation team obtained a settlement shortly before the trial. The case was pending in Federal District Court, Eastern District of Texas.*

$250,000 Full Policy Limits Rear-End Auto Accident Settlement – A driver was injured in a rear-end accident. The driver injured her neck as a result of the wreck. Although the driver had prior injections in her neck before the collision, a full policy limits settlement was obtained for the claim before a lawsuit was filed.*

$102,045.87 Punitive Award for Locomotive Engineer Return to Work Whistleblower Case – A 19-year career locomotive engineer Jonette N. hurt her neck in a train/truck collision, forcing her to be out of work for almost two years while she was treated for her injuries. This engineer continually improved and returned to engineering with the railroad. Her treating neurosurgeon noted she was highly motivated to return to work. While she was treating and recovering from surgery, Jonette N. filed a FELA lawsuit against Amtrak to preserve her rights if she could not return to work. Unfortunately, the Federal Court presiding over her FELA case dismissed it against the railroad, and Jonette N. never received any money for her case from the railroad. Despite not having to pay Jonette N., Amtrak management and the claims department decided that they would punish Jonette N. for protecting her rights and would not allow this seasoned railroader back to work. When the treating neurosurgeon eventually decided she had recovered well enough to return to work, Amtrak refused to allow her to do so.

Jonette N. filed a retaliation claim under the Federal Railroad Safety Act (“FRSA”). A Department of Labor Administrative Law Judge heard the evidence at the trial and decided the case. The Judge explained that the whistleblower law protects railroad workers. If the treating physician says the employee can return to work, the railroad must allow it unless FRA or internal medical standards say otherwise. Amtrak did not rely on FRA medical standards or any internal medical standards of its own to keep Jonette N. from returning to work. It was purely a tactic to not return an employee who had sustained a personal injury and was trying to return to work. Fortunately, the judge saw through this “disingenuous” defense and ruled in favor of Jonette N. She was able to return to work as a locomotive engineer with her seniority rights, earning a living to provide for her family. Amtrak was required to pay $102,045.87 for its punitive behavior.*

*Prior results don’t guarantee a similar outcome in your claim. This website and blog are for informational purposes and do not constitute legal advice, since only after knowing the details of your claim can any advice be provided. Please understand that particular laws vary by state. You must speak directly with an attorney about your situation to determine what laws apply.

Our team is standing by to help you. We look forward to your call and the chance to serve you as we have served others in our community.

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