A Norfolk Southern worker has sued the company a year after the East Palestine train derailment that left the area contaminated with vinyl chloride, butyl acrylate, ethylhexyl acrylate, and ethylene glycol monobutyl ether, proceeding to kill many of the marine and wildlife in the area and devastating the lives of many local citizens. Joseph Lee Roberts is now suing the company for contracting chemical induced asthma from being exposed to vinyl chloride, citing that workers were not told they would be exposed to any chemicals or given any personal protective equipment (PPE).
Following the derailment of 38 railcars in East Palestine, Ohio, citizens were ordered to evacuate within two miles of the site as responders worked on a controlled release and burn of vinyl chloride which has now been claimed to have spread as far as 16 states in the US, even as officials claimed via air and water samples that deemed the area safe.
Under the Federal Employers Liability Act (FELA) of 1908, “Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce.”
Roberts is also stating under the Locomotive Inspection Act and the Safety Appliance Act that Norfolk Southern failed to follow proper federal regulations applying to railcars and carriers. Under the lawsuit, Roberts is also suing the company for future loss of income as well as chronic and permanent pain for the rest of his life.
So far, Norfolk Southern has been sued for and agreed to pay $600 million in a class action lawsuit.