Can a railroad worker bring a claim for cancer?
Yes. FELA covers occupational illness, not only accidents. The Supreme Court held as much in Urie v. Thompson (1949), a case brought by a locomotive fireman who developed silicosis from sand dust blown into the cab. A railroad worker with cancer has a FELA claim when the railroad’s negligence played a part in causing it, for example by failing to
- Ventilate cabs, shops and roundhouses, or keep exhaust out of occupied spaces
- Provide respirators, protective clothing and other protective equipment
- Warn workers about the hazards of the materials they handled
- Monitor exposure levels, or follow the safety rules and regulations that limit them
Unlike workers’ compensation, a FELA claim pays full damages, including pain and suffering. See FELA railroad injury claims.
Which railroad exposures are linked to cancer?
The federal government’s Report on Carcinogens lists the substances known or reasonably anticipated to cause cancer in people. The common railroad exposures are on it.
- Diesel exhaust. From locomotives in cabs, yards, tunnels and shops. Diesel exhaust particulates are listed as reasonably anticipated to be a human carcinogen, with studies showing increased lung cancer risk.
- Asbestos. Once used in locomotive and car insulation, brake shoes, gaskets and building materials. Listed as a known human carcinogen, linked to lung cancer and mesothelioma.
- Crystalline silica. Breathed in as dust from ballast and locomotive sand. Respirable crystalline silica is listed as a known human carcinogen.
- Benzene. Found in fuels, solvents and degreasers. Listed as a known human carcinogen, linked to leukemia.
- Creosote and coal tar. Creosote treats railroad ties and is distilled from coal tar. Coal tars and coal-tar pitches are listed as known human carcinogens. Read the creosote threat to railroaders.
Which railroad jobs carry the most exposure?
Exposure depends on the craft, the years and the terminals you worked. In general
- Engineers and conductors breathe diesel exhaust in locomotive cabs and yards.
- Machinists, electricians, carmen and other shop crafts worked around diesel exhaust, solvents and, in older equipment, asbestos.
- Track and maintenance of way workers handle creosote-treated ties and work in ballast dust.
- Signal workers work along the right of way in the same dust and treated materials.
Which cancers are involved in railroad cancer claims?
Railroad cancer claims commonly involve lung cancer, mesothelioma, bladder and kidney cancer, leukemia, lymphoma and multiple myeloma, along with throat and esophageal cancers. Lung disease that is not cancer, such as COPD, asbestosis and silicosis, can be a FELA claim too. See FELA respiratory injuries, and for the lawsuit itself, the railroad workers cancer lawsuit.
Is it too late if you retired years ago?
Often it is not. Cancer can appear decades after the exposure. FELA gives you three years to file, and for an occupational illness the clock generally starts when you knew, or should have known, that you were sick and that the work caused it. That is usually the diagnosis, or the moment a doctor connects it to your railroad work. Do not wait, because the three years run whether or not you have talked to a lawyer.
Can the family bring a claim after a death?
Yes. When a railroad worker dies of a work-related illness, FELA allows the worker’s personal representative to bring the claim for the surviving spouse, children or other dependents. See FELA wrongful death claims.
What do you need to prove a railroad cancer claim?
Three things, built from records and from people.
- Your exposure. Your work history, crafts, terminals and years, the materials you handled, and coworkers who worked beside you.
- The railroad’s negligence. What the railroad knew about the hazard, and what it failed to do about it.
- Medical causation. Medical records and qualified expert testimony connecting your cancer to the exposure.
Expect the railroad to blame other causes, such as smoking. Under FELA your own conduct can reduce damages in proportion to your share of fault, but it does not bar the claim.
Do you need a railroad cancer lawyer in your state?
No. FELA is federal law, and a claim can be filed where the railroad does business. The firm represents railroaders and their families nationwide, against BNSF, Union Pacific, CSX, Norfolk Southern, Canadian National, CPKC and Amtrak. William McMahon and James Farina are SMART-TD Designated Legal Counsel, and the firm’s record FELA verdict is $33,000,000.
