Due to the harmful exposures known to exist in railroad work, companies and employers have a lot of practice in defending Federal Employers’ Liability Act (FELA) claims related to railroad cancers. One of the low-hanging fruits, so to speak, in terms of what defenses they typically adopt is citing an employee’s history of habitually smoking cigarettes. So if you believe your employer has seen you smoking during your work, or your medical records label you as a smoker, you may begin to feel that your cancer is your fault entirely and subsequently hesitate to pursue legal action. Well, please continue reading to learn whether you still have a solid railroad-related cancer claim on your hands, even with a history of having smoked cigarettes, and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you build up your legal strategy against your negligent railroad company employer.
What workplace exposures commonly cause railroad-related cancers?
The railroad has a long-standing history of exposures that are commonly linked to not just lung cancer, but even mesothelioma, throat cancer, bladder cancer, and blood cancer. Just to name a few, railroad employees are made vulnerable to inhaling diesel exhaust, asbestos, solvents, welding fumes, benzene, silica dust, and herbicides throughout their professional careers.
In fact, there is something known as the synergistic effect, when two or more things (i.e., drugs or chemicals) combine to produce a total effect that is greater than the sum of their individual effects. Well, smoking cigarettes while being exposed to these railroad toxins can have this effect and thus heighten your chances of damaging your body or developing cancer.
Well, the Occupational Safety and Health Administration (OSHA) even requires that railroad employers educate their employees about this relationship. Most unfortunately, instead, what your employer may do in defense of your FELA claim is use your habit towards such an addictive product as cigarettes completely against you.
Do I still have a valid railroad cancer claim if I smoked cigarettes?
We encourage you not to back down from your fight against your negligent railroad company employer, regardless of your having smoked cigarettes. This is because, according to FELA, smoking does not automatically bar recovery of incurred economic and non-economic damages. Rather, employers must still be held liable for any contribution they made to your illness or cancer.
This is to say that the existence of environmental hazards like diesel exhaust, asbestos, etc., alone may give you a valid claim. Medical experts and federal safety records may confirm this fact. Overall, your evidence may demonstrate that these exposures significantly increased your cancer risk beyond smoking alone, or accelerated or worsened your disease progression.
All of this to say, as a past or current smoker, your claimed damages may be reduced according to your share of fault, but not eliminated. For further legal assistance, please hire one of the skilled FELA lawyers from Hildebrand McLeod & Nelson LLP. Schedule your initial consultation with us today, and see just how much we can do for you.
