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Chemical Exposure Leads to Lawsuit Against BNSF Railway

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Sean Gaffney, an employee with BNSF Railway Co., recently filed a lawsuit against the company because of he allegedly suffered great physical and mental pain after inhaling chemicals on the job.

The Southeast Texas Record reports that the employee who had been working with BNSF since March 2008, claims that he was exposed to chemicals that caused him serious injury. The lawsuit against his employer was filed in Jefferson County District Court on March 25.

The complaint states that BNSF failed to provide Mr. Gaffney with a safe working environment. FindLaw states that the main federal law covering threats to workplace safety is the Occupational Safety and Health Act of 1970. This law is supposed to provide employees with a workplace that is free from recognized hazards. It also requires that employers inform employees of the the Occupational Safety and Health Administration’s standards of health and safety that apply to their workplace.

When it comes to workplace safety, Houston employment lawyers will often get OSHA officials or a state office involved through a written complaint about health and safety standards. OSHA inspectors then usually meet with the employer and the employee representatives to discuss the abatement of any hazards that may have been found through an inspection.

In this case, Mr. Gaffney claims that he experienced physical impairment, suffering and anguish, lost wages and benefits, and incurred medical costs. The plaintiff is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus post-judgment interest, costs and other relief the court deems just. Clint E. McGuire, a Texas employment lawyer from Friendswood, will be representing the plaintiff.

Related Resources:

  • Workplace Health & Safety Resources (FindLaw)
  • Occupational Safety and Health Act of 1970 (LawBrain)
  • Locate Houston Employment Lawyers (FindLaw)

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