Norfolk worker claims cancer in FELA suit

Steve Gonzalez Jun. 21, 2005, 7:09am

A former employee who worked in Norfolk Southern Railway's Bridge and Building Department filed a Federal Employers’ Liability Act (FELA) suit in Madison County Circuit Court June 17 seeking damages in excess of $50,000.

Edward Ebert claims that during his employment with Norfolk he was exposed to chemicals including insecticides, herbicides, weed killers, cleaning solvents, diesel fumes, creosote and silica.

Ebert claims Norfolk failed to measure the occupational chemical levels he was exposed to, failed to test him to determine if the exposure was causing damage, failed to warn him he was being subjected to occupational chemical exposure and failed to have regulations regarding occupational chemical exposure.

According to the suit, Norfolk also failed to adhere to and enforce federal laws and regulations concerning exposure to occupational chemicals and failed to inspect the premises where employees would be working to take precautions to protect from exposure.

Ebert claims that as a result, he sustained severe and permanent injuries to his blood, bone marrow, lungs, resulting in disease and infestation to his body, including cancer.

He claims lost wages, large medical bills, great pain and mental suffering.

Ebert is represented by Robert Schmieder of Pratt & Tobin of East Alton. The case has been assigned to Circuit Judge Andy Matoesian.

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