Railroad workers face a considerably higher risk of developing Parkinson’s disease than the general population. This risk stems from decades of frequent exposure to chemicals linked to the disease, including welding fumes, chlorinated solvents, and herbicides. Like many occupational illnesses, Parkinson’s rarely appears until years after the exposure that caused it, which can make the connection easy to miss. A FELA lawyer can help a railroad worker understand whether that connection supports a claim.
The Filing Deadline for a Delayed Diagnosis
Because Parkinson’s develops slowly, the law accounts for the gap between exposure and diagnosis. Under the FELA’s three-year statute of limitations, a railroad worker formally diagnosed with Parkinson’s generally has three years from the date of diagnosis to file suit. In some cases, the clock instead starts three years from when the worker learned, or reasonably should have learned, of the link between their railroad work and the disease. Either way, the window is limited, so getting prompt legal advice is important.
What Parkinson’s Disease Is
Parkinson’s is a progressive neurological disorder that affects the nervous system and the parts of the body controlled by nerves. It is degenerative and currently incurable, although certain treatments can significantly reduce its symptoms. In the early stages, the signs are often barely noticeable. Over time, they worsen steadily.
The most common symptoms include:
- Tremors, a rhythmic shaking in one or more parts of the body
- Slowed or delayed movement
- Muscle rigidity
- Difficulty standing straight or maintaining balance
- A significant change in handwriting
- Loss of the sense of smell
- Sleep problems, such as insomnia
- Constipation
- Sudden changes in speech patterns
- Facial masking, a reduction in facial expression
- Fainting or dizzy spells
Parkinson’s Is Not the Only Risk
Parkinson’s is one of several neurological disorders that affect railroad workers exposed to toxic substances. Many have developed conditions like toxic encephalopathy, a form of brain dysfunction caused by toxic exposure. The problem is significant enough that substantial compensation has been awarded to railroad workers diagnosed with toxic encephalopathy and other forms of neurological damage. As the medical links between Parkinson’s and exposure to welding fumes, herbicides, and chlorinated solvents continue to strengthen, litigation in this area is expected to grow.
Which Railroad Herbicides Have Been Linked to Parkinson’s
More than one chemical commonly used on railroads has been tied to Parkinson’s disease.
Paraquat
Paraquat has been linked to Parkinson’s for well over a decade. A 2009 study published in the American Journal of Epidemiology found that exposure to paraquat within 1,600 feet of a person’s home was associated with roughly a 75 percent increase in the risk of developing Parkinson’s disease, with people under 60 at notably higher risk. The connection is strong enough that paraquat is routinely used in scientific research to induce and study Parkinson’s in animals. Railroads have long used herbicides like this to control vegetation along tracks.
2,4-D
Another widely used railroad herbicide is 2,4-D. Used since the mid-1940s, it is cheap and effective, making it popular for clearing vegetation. It also has a darker history. 2,4-D was one of the two active ingredients in Agent Orange, the defoliant used by U.S. forces during the Vietnam War. Several chemical companies, including Dow Chemical and Monsanto, manufactured Agent Orange, one of the so-called Rainbow Herbicides deployed during that conflict. It is worth noting that much of the severe health damage associated with Agent Orange is attributed to TCDD dioxin, a contaminant of its other ingredient, 2,4,5-T, rather than to 2,4-D itself. Even so, 2,4-D’s long, troubled history helps explain why its continued use draws scrutiny.
Why These Claims Require Experienced Counsel
Railroad companies have vast resources and are prepared to do whatever it takes to minimize liability and reduce workers’ compensation. Proving that a neurological disease like Parkinson’s is connected to decades-old chemical exposure is demanding work. It typically requires industrial hygienists who can reconstruct the worker’s exposure history, medical professionals who can connect that exposure to the diagnosis, and a thorough understanding of what the railroad knew about the chemicals it used.
Our attorneys bring more than 100 years of combined legal experience to railroad injury and illness claims, and we have handled hundreds of cases for injured railroad workers and their families. That experience has produced significant results in toxic exposure cases, including an $11 million award for the estate of a CSX worker who died after roughly 40 years of on-the-job toxic exposure, a case we fought through multiple appeals. Results depend on the specific facts of each case, but outcomes like that reflect the effort these claims demand.
Diagnosed With Parkinson’s After Railroad Work? Contact Us Today
If you suspect your Parkinson’s disease or another neurological condition is related to exposure to herbicides, solvents, or welding fumes during your railroad career, a FELA lawyer at Shapiro, Washburn & Sharp can review your history and pursue the compensation you deserve. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our decades of railroad injury experience to work for you and your family.