Toxic Substance & Occupational Disease Claims

Mr. Naumes has represented railroad workers exposed to chemicals as well as asbestos. Recent cases include the representation of a laborer exposed to benzene as a result of his cleaning parts in the Boston and Maine Billerica Shop and preparing trains for departure from outlying facilities. Additionnally the Plaintiff was exposed to benzene while working for Amtrak in the same position.

Mr. Naumes brought this case pursuant to the Federal Employers’ Liability Act when the worker developed Acute Myelogenous Luekemia. Depsite the fact that the client passed away during the lawsuit, co-worker deposition testimony recreated the process of starting the diesel locomotives each morning. Using expert testimony, the working conditions that the Plaintiff experienced were recreated and used to demonstrate a significant exposure to benzene.

The case settled for a confidential amount at a mediation prior to trial. The Plaintiff used diesel fuel, mineral spirits, and Exxon Varsol to clean locomotive parts during his career at the Boston & Maine Railroad. Mr. Naumes was able to demonstrate that these products contained benzene at levels that were more significant than the Material Safety Data Sheets indicated, and that under the extreme conditions that the Plaintiff work resulted in significant exposures to Benzene.

Benzene is a known carcinogen. Like asbestos there is no safe exposure levels to benzene. Railroad workers are exposed to benzene while cleaning traction motors, locomotive parts, and while working inside engines of diesel locomotives.