In a compelling legal battle, a former employee of a major railroad company has taken his grievances to court, alleging severe health repercussions due to workplace negligence. Joseph Balestra filed a complaint against the Long Island Railroad Company in the United States District Court for the Eastern District of New York on January 15, 2026. The lawsuit highlights alarming accusations against the defendant regarding exposure to hazardous chemicals during Balestra's tenure as a Track Foreman.
The case unfolds with Balestra's assertion that from 2013 to 2020, while employed by the Long Island Railroad Company, he was subjected to dangerous working conditions. Specifically, Balestra claims he was exposed to harmful substances such as glyphosate and diesel fumes without adequate protective measures or training. "Defendant never trained plaintiff as to the content of the caustic chemicals," reads one of the allegations in the complaint. The lawsuit contends that these exposures were part of his duties as a track car pilot, where he escorted contractors along tracks and areas known as the right of way.
Balestra's ordeal took a grave turn in early 2023 when medical examinations revealed malignant follicular lymphoma, a form of non-Hodgkin’s lymphoma. The complaint suggests that this diagnosis is directly linked to his prolonged exposure to toxic substances at work. Despite being in remission now, Balestra faces an unsettling prognosis with an 83% chance of cancer recurrence. This stark reality has prompted him to seek justice and accountability from his former employer.
Underpinning Balestra's legal argument is the Federal Employers’ Liability Act (FELA), which mandates employers provide safe working environments for their employees. The complaint accuses Long Island Railroad Company of failing this duty on multiple fronts—ranging from inadequate safety equipment and training to neglecting necessary protective measures against chemical exposure. Furthermore, it alleges cost-cutting measures prioritized over employee safety led to these unsafe conditions.
In pursuit of justice, Balestra seeks damages exceeding $200,000 for physical, psychological, and economic harm suffered due to alleged negligence by Long Island Railroad Company. His legal representation from Flynn & Wietzke PC underscores these claims by detailing specific failures such as lack of proper ventilation and insufficient supervision and training regarding hazardous materials.
Representing Balestra is attorney Marc Wietzke from Flynn & Wietzke PC based in Garden City, NY. The case has been assigned Case ID 1:26-cv-00247 under the jurisdiction of judges at the Eastern District Court of New York.
Source: 126cv00247_Balestra_v_Long_Island_Railroad_Company_Complaint_Eastern_District_New_York.pdf