Railroad | Railroad Injury Attorney

Posted By Doran & Murphy 11-Feb-2019

Railroad Workplace Safety Violations Threaten Signal Maintainers and Maintenance of Way Employees

Railroad maintenance of way employees and signal maintainers face daily exposure to many hazardous substances. Diesel powered track equipment, such as ballast regulators, tampers, and sweepers, release harmful diesel exhaust fumes into the air. This ...

Posted By Doran & Murphy 8-Aug-2018

Signs and Symptoms of Lung Cancer

Lung cancer is the leading source of cancer death in the US. Though smoking is a major cause of lung cancer, if you have been exposed to chemicals in and around your environment (such as asbestos, diesel fumes, silica, creosote, or welding fumes ) ...

Posted By Doran & Murphy 30-Jun-2017

Welding Fumes Linked to Cancer

Railroad workers regularly weld box cars, locomotives, and other equipment. Welding is the process by which two or more materials (usually metals) are joined together. This is usually accomplished by using a blowtorch to heat the materials to the ...

Posted By Doran & Murphy 13-Apr-2017

Silica Exposure and Scleroderma

Scleroderma is an autoimmune disorder that causes the immune system into attacking the body’s own organs and often is characterized by a hardening of the skin. In fact, the word scleroderma comes from the Greek "sklerosis", meaning ...

Posted By Doran & Murphy 20-May-2016

OSHA's New Rule Further Limits Exposure to Silica in the Workplace

The U.S. Department of labor realized the dangers of silica in the 1930's, yet occupational exposure to silica remains a tragic problem among workers in the United States over eight decades later. This is because various industries, including the ...

Posted By Doran & Murphy 12-Jun-2015

Controlling Diesel Exhaust Exposure

Over one million workers are at risk of detrimental health effects due to diesel exhaust exposure.These adverse health effects include: irritation to the eyes and nose, headaches, nausea, and lung cancer. Railroad workers are among those most likely ...

Posted By Doran & Murphy 15-May-2015

Amtrak Derailment (Part III)

NTSB Update In another press conference, the NTSB has indicated additional information about the timeline for the speed of Amtrak 188. Mr. Sumwalt has indicated that 65 seconds before the video stops, the train was traveling at over 70mph; at 43 ...

Posted By Doran & Murphy 14-May-2015

Amtrak Derailment (Part II)

Amtrak derailment (continued) The NTSB held a press conference yesterday where Robert Sumwalt reported that Amtrak 188 was traveling at approximately 106mph just before the derailment occurred. They have also indicated that the engineer of the train ...

Posted By Doran & Murphy 13-May-2015

Amtrak Train Derailment

At approximately 9:30 pm on Tuesday, May 12, 2015, an Amtrak train derailed in Philadelphia, Pennsylvania. The train was traveling from Washington, DC bound for New York City. Amtrak’s statement on the derailment is available here. Amtrak has ...

Posted By Doran & Murphy 9-May-2014

Michael Torcello Argues On Behalf of Railroad Widow at Ohio Supreme Court

Michael Torcello recently argued a case in front of the Supreme Court of Ohio. You can watch the video of the oral argument here.

Posted By Doran & Murphy 1-Aug-2013

Railroad Asbestos, Smoking, Synergy and the Effect of Quitting

As previously mentioned on this blog, there is scientific evidence that asbestos exposure combined with cigarette smoking results in a much greater risk of cancer than either risk factor alone. We have also discussed the effects of smoking cessation ...

Posted By Doran & Murphy 31-Jul-2013

Preventive Services Task Force Issues Draft Guidance on Lung Cancer Screening

Yesterday, a government-appointed panel, the U.S. Preventive Services Task Force (USPSTF), released its Draft Recommendation Statement proposing annual lung cancer screening of certain high-risk groups. The USPSTF is proposing a "Grade B" ...

Posted By Doran & Murphy 10-Apr-2013

University of Cincinnati Cancer Institute Now Offers High Risk Lung Cancer Screening Program

As previously discussed on this blog, the National Cancer Institute's Lung Screening Trial had very positive results in early detection of lung cancer in high risk patients (long term smokers, those with a family history of lung cancer and those ...

Posted By Doran & Murphy 26-Mar-2013

Michael Torcello has two victories at the Court of Appeals of Ohio - Eighth District

In two separate decisions, the Court of Appeals of Ohio - Eighth Appellate District recently found in favor of two Doran & Murphy clients, allowing their cases against their railroad employers for cancer from work-related exposures to go forward. ...

Posted By Doran & Murphy 9-Oct-2012

More Evidence Supporting Use of Breath Test to Analyze Lung Nodules

We previously noted the accomplishments of the Cleveland Clinic in a clinical study demonstrating that a breath test may be able to detect the presence of lung cancer and even distinguish between different types of lung cancer. In the October issue ...

Posted By Doran & Murphy 25-Sep-2012

FAQ: I'm a railroad worker and I've been diagnosed with mesothelioma. Why should I bring a lawsuit?

The decision to bring a lawsuit for any injury is a personal decision. The reason why someone might choose to bring a lawsuit can vary from person to person. If you are a railroad worker who worked with or near asbestos materials at the railroad and ...

Posted By Doran & Murphy 8-Aug-2012

Railroad Exposures, Cancer and Synergy

Railroad workers are at an increased risk of developing cancer due to occupational exposures. The most common cancers associated with occupational exposure on the railroad are lung cancer and mesothelioma. However, many other cancers are caused by ...

Posted By Doran & Murphy 1-Aug-2012

Railroad Mesothelioma from Chrysotile Asbestos

Asbestos is a generic name for a particular type of fibrous rock incorporated into various insulation products. There are two main fiber types of asbestos: "serpentines," of which chrysotile is the only form commercially used, and ...

Posted By Doran & Murphy 31-Jul-2012

Railroad Mesothelioma: No Safe Level of Exposure to Asbestos

Pleural mesothelioma, or cancer in the lining of the lungs, has caused the deaths of over 23,000 people in the eight-year period from 1999-2007 in the United States, according to the Centers for Disease Control and Prevention ( “CDC” ). ...

Posted By Doran & Murphy 20-Jul-2012

OSHA Protects Whistleblowers Against Railroad Retaliation for Reporting Injuries

On Thursday, July 19, 2012, the United States Department of Labor announced that two railroads – Illinois Central Railroad and Chicago Fort Wayne & Eastern Railroad – in violation of the Federal Railroad Safety Act ...

Posted By Doran & Murphy 13-Jul-2012

Columbus, Ohio Train Derailment - What happens now?

On Wednesday, July 11, 2012, a Norfolk Southern freight train derailed and caught fire in Columbus, Ohio, injuring two people nearby. The train carried a hazardous chemical, styrene, which if inhaled, negatively affects the human nervous system, ...

Posted By Doran & Murphy 5-Jul-2012

Mesothelioma and Asbestos

Malignant mesothelioma is a rare, aggressive form of cancer that affects the protective lining of many of the internal organs of the body. It is usually caused by exposure to asbestos. Most people who develop mesothelioma have worked in jobs where ...

Posted By Doran & Murphy 3-Jul-2012

Cancer Vaccine Development and Use: Impact on Lung Cancer

There is renewed energy in cancer vaccine research, including lung cancer, which affects many of the nation’s railroad workers who have been exposed to asbestos and locomotive diesel exhaust. Specifically, asbestos was heavily used on railroads ...

Posted By Doran & Murphy 22-Jun-2012

Mesothelioma and the Railroad Industry

Mesothelioma is prevalent among railroad workers throughout the United States due to their exposure to asbestos as railroad employees, typically over decades. In fact, mesothelioma symptoms do not appear until 15 to 40 years after the first exposure ...

Posted By Doran & Murphy 12-Jun-2012

World Health Organization's International Agency for Research On Cancer Finds Diesel Exhaust Causes Cancer

The International Agency for Research on Cancer (IARC) of the World Health Organization issued a press release reclassifying diesel exhaust as a Group 1 Carcinogen, meaning that there is sufficient evidence that diesel exhaust causes cancer in ...

Posted By Doran & Murphy 29-May-2012

Occupational Asthma

Work-related asthma can be prevented, according to the May 25, 2012 Center for Disease Control and Prevention (“CDC”) Morbidity and Mortality Weekly Report. Work-related asthma includes asthma contracted from one’s workplace and ...

Posted By Doran & Murphy 14-May-2012

National Train Day

In May of 1869, the “golden spike” was driven into the final railroad tie in the nation’s first transcontinental railroad. National Train Day is a day to reflect on our nation’s proud railroad history and look forward to the ...

Posted By Doran & Murphy, PLLC 27-Jan-2012

Railroad's Duty to Provide a Safe Place to Work

A railroad company breaches its duty to provide a safe workplace when it knows or should know of a potential hazard in the workplace, yet fails to exercise reasonable care to inform and protect its employees. The railroad company’s duty is ...

Posted By Doran & Murphy, PLLC 18-Jan-2012

Senator Charles Schumer Pushes for Rules Requiring Railroads to Notify of Derailments

On January 17, 2012, at the site of a November derailment that the railroad never reported to local authorities, NY Senator Charles Schumer called on the Federal Railroad Administration (FRA) to impose stronger federal rules on rail accidents. Sen. ...

Posted By Doran Murphy 13-Jan-2012

General Railroad News - 2 more train derailments

Two train tanker cars filled with ethanol derailed on a state highway in Illinois. The highway was closed and neighboring businesses were forced to close. The tracks broke forcing the cars to come off the track. The cars remained upright and there ...

Posted By Doran & Murphy, PLLC 9-Jan-2012

General Railroad News: Derailment in Indiana

Three CSX freight trains crashed and derailed in Valparaiso, Indiana causing a fire, injuring two workers, and leaving behind a large wreckage. Witnesses stated that liquid was leaking from some tankers on the trains, which was later discovered to be ...

Posted By Doran & Murphy, PLLC 5-Jan-2012

Study Conducted at the Cleveland Clinic Determines that a Breath Test May Detect Lung Cancer

Researchers at the Cleveland Clinic announced the results of a clinical study demonstrating that a breath test may be able to detect the presence of lung cancer and even distinguish between different types of lung cancer. The researchers at the ...

Posted By Doran Murphy 21-Dec-2011

General Railroad News

In December of 2009, Cody Lynn Brown, a 15 year old high school student, was killed when he and his friend attempted to run across the tracks at a train crossing in Lucas County, Ohio. Brown and his friend were struck by an Amtrak train. ...

Posted By Doran & Murphy, PLLC 1-Dec-2011

Railroad Fails to Notify City Officials of Derailment

Earlier this month a Norfolk Southern a train car derailed in Elmira, NY, fell over a wall and landed upside down partially in a local business’s parking lot. Fortunately, there were no injuries in the derailment. However, Norfolk Southern did ...

Posted By Doran & Murphy, PLLC 22-Nov-2011

Locomotive Inspection Act & Preemption

Do Federal Laws Governing Railroad Safety Preempt State Law Tort Claims Alleging Injuries Caused By Locomotive Manufacturer? The Supreme Court of the United States recently heard oral argument in a case to decide the issue of whether federal laws ...

Posted By Doran & Murphy, PLLC 4-Nov-2011

November is COPD Awareness Month

Chronic obstructive pulmonary disease (COPD) is a disease that causes airflow obstruction, emphysema, and chronic bronchitis. In 2008, COPD became the third leading cause of death in the U.S., affecting more than 20 million people. One in five adults ...

Posted By Doran & Murphy, PLLC 1-Nov-2011

Railroad Lung Cancer

As mentioned throughout our website, we are proud to recognize Lung Cancer Awareness Month here at the law firm in honor of our many current and former clients who have been diagnosed with lung cancer. November 1 marks the beginning of a month ...

Posted By Doran & Murphy, PLLC 28-Oct-2011

Focus on Lung Cancer

With Lung Cancer Awareness Month approaching, it is a good time to focus on this disease that claims the lives of more Americans than any other type of cancer. As noted by the Centers for Disease Control, over 203,000 people were diagnosed with ...

Posted By Doran & Murphy, PLLC 25-Oct-2011

Railroad Industry News: Illinois Train Derailment Suits Settled for over $36 Million

The husband of a Rockford, Illinois woman who was killed when a Canadian National Railway Company train derailed in 2009 has settled his lawsuit for $22.5 Million. Their daughter, who was also in the vehicle, settled her case for $13.75 Million ...

Posted By Doran & Murphy, PLLC 24-Oct-2011

Environmental Action Group Sues Railroads For Diesel Exhaust Emissions

In June 2011, the National Resources Defense Council (NRDC) sent letters to two major railroads to put them on 90-day notice of a potential lawsuit under the Resources Conservation and Recovery Act. Last week, the NRDC followed through and sued BNSF ...

Posted By Doran & Murphy, PLLC 13-Oct-2011

The Evaluation Process for Asbestos, Diesel Fumes and Other Toxic Exposure Claims

If you or a loved one have been exposed to asbestos, diesel fumes or another toxic substance and diagnosed with lung cancer, you are probably considering legal action against the people or companies that you believe to be responsible for the injury. ...

Posted By Doran & Murphy, PLLC 23-Sep-2011

The Federal Railroad Administration Enacts New Regulations to Prevent Fatigue-Related Train Accidents

The U.S. Department of Transportation and Federal Railroad Administration (FRA) enacted a final rule on August 12, 2011, limiting the number of consecutive hours passenger train crews may work. This new FRA regulation aims to improve overall railroad ...

Posted By Doran & Murphy, PLLC 22-Aug-2011

The Locomotive Inspection Act

Under the Locomotive Inspection Act, 49 USC § 20701, a railroad carrier may allow a locomotive to be used only when the locomotive, and its parts, are in proper condition and are safe to operate without unnecessary danger. The Locomotive ...

Posted By Doran & Murphy, PLLC 15-Aug-2011

Railroad Workers & Workers' Compensation

As many people know, injured railroad workers are not entitled to workers’ compensation. An injured railroader’s rights to compensation are found in the Federal Employers Liability Act (FELA). There are several differences between ...

Posted By Doran & Murphy, PLLC 4-Aug-2011

Railroad Workers & Life Insurance

Some active and retired railroaders do not realize that the Railroad Employees National Health and Welfare Plan may provide them with a life insurance benefit. Most employees know if they are provided with a life insurance policy while they are ...

Posted By Doran & Murphy, PLLC 2-Aug-2011

Underlying Asbestosis Not Necessary for Cancer to be Asbestos-Related

Asbestosis is a lung disease that is completely distinct and separate from lung cancer. It is not necessary to have asbestosis, or be diagnosed with asbestosis, in order to develop work-related lung cancer. Asbestos exposure can cause lung cancer, ...

Posted By Doran & Murphy, PLLC 1-Aug-2011

Risks of Diesel Fume Exposure

Long term exposure to diesel fumes increases the risk of many life-threatening conditions including cancer and chronic obstructive lung disease. Diesel exhaust contains carbon monoxide, formaldehyde, nitric oxide, benzene, and many other chemicals ...

Posted By Doran & Murphy, PLLC 22-Jul-2011

Diesel Fumes and Railroad Safety Regulations

The Code of Federal Regulations § 229.43 (a) is a regulation that protects railroad workers by requiring that diesel fume exhaust be released outside the cab of the locomotive in such a way that it does not enter where the workers are located. ...

Posted By Doran Murphy 19-Jul-2011

Whistle Blowers and the Federal Railroad Safety Act

The Federal Railroad Safety Act (FRSA) makes it illegal for railroads to retaliate against workers for reporting safety violations, security violations, or injuries. The FRSA was amended in 2007 and 2008 to add new rights and protections for ...

Posted By Doran & Murphy, PLLC 19-Jul-2011

Recent Mesothelioma Studies

A recent article in the medical journal, Lung Cancer, states that the number of mesothelioma cases are rising. Mesothelioma is a cancer that is associated with exposure to asbestos. Railroad workers who have been exposed to asbestos at work are at ...

Posted By Doran & Murphy, PLLC 18-Jul-2011

Railroad Welders and Lung Disease

Welders have a substantially increased risk of developing lung cancer. These risks are further increased when welding is performed in enclosed spaces. During the process of welding, the metal and its coating melt and release noxious fumes. These ...

Posted By Doran & Murphy. PLLC 13-Jul-2011

Railroad Asbestos, Cigarettes and Cancer

Many railroad workers, upon a diagnosis of cancer or mesothelioma, wonder if they can bring a suit against the railroad for exposing them to substantial amounts of asbestos, especially if they have smoked cigarettes before. In many cases, the answer ...

Posted By Doran & Murphy, PLLC 7-Jul-2011

COPD and Diesel Fume Exhaust

Chronic Obstructive Pulmonary Disease (COPD) Can Be Caused By Diesel Fume/Diesel Exhaust Exposure Chronic Obstructive Pulmonary Disease, commonly known as COPD, is a lung disease that makes it difficult to breathe and is caused by damage to the lungs ...

Posted By Doran & Murphy, PLLC 28-Jun-2011

SUPREME COURT OF THE UNITED STATES DENIES RAILROAD'S ATTEMPT TO OVERTURN DORAN & MURPHY VERDICT IN FAVOR OF INJURED RAILROAD WORKER

Today, the Supreme Court of the United States denied Grand Trunk’s application for review of a jury’s decision in favor of a railroad worker who suffers from laryngeal cancer and chronic obstructive pulmonary disease (COPD) from his ...

Posted By Doran & Murphy, PLLC 20-Jun-2011

Mesothelioma

Mesothelioma is a type of cancer that occurs in the thin layer of cells lining the body’s internal organs. Mesothelioma most often occurs in the outer lining of the lungs, but it may also occur in the lining of the abdomen, the heart, and the ...

Posted By Doran & Murphy, PLLC 18-Jun-2011

Formaldehyde and Cancer

Formaldehyde is a chemical found in low levels in certain building and household products. Importantly for railroad workers operating diesel locomotives, formaldehyde is also a component of diesel exhaust. Click here for a list of the components of ...

Posted By Pride & Doran, PLLC 17-Jun-2011

Carcinogens in cigarettes vs. carcinogens in diesel fumes

It is universally acknowledged that smoking causes cancer. Perhaps less well known is that diesel fumes are also linked to several types of cancer. But what exactly about smoking cigarettes or inhaling diesel exhaust can result in malignant tumors? ...

Posted By Pride & Doran, PLLC 17-Jun-2011

Riedel, et al v. Conrail

THE SUPREME COURT OF OHIO RULES IN FAVOR OF RAILROAD WORKERS REPRESENTED BY DORAN AND MURPHY Doran and Murphy attorney Michael Torcello recently appeared before the Supreme Court of Ohio representing three railroad workers who claimed to have been ...

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