Railroad workers are exposed to hazardous substances daily. Unfortunately, this has led to increased risk of cancer for railroad workers due to long-term exposure to carcinogenic substances like asbestos, silica dust, diesel exhaust, and welding fumes. These toxins have been linked to serious illnesses, including mesothelioma, leukemia, and a multitude of different cancers. Understanding these risks and your legal rights in accordance with the Federal Employers’ Liability Act (FELA) is critical. So please read on to discover the potential cancer diagnoses you might be vulnerable to as a railroad worker and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you file a Federal Employers’ Liability Act (FELA) claim.
What are the Potential Cancer Risks for Railroad Workers?
Railroad workers are, unfortunately, at a higher risk of cancer, primarily caused by repeated exposure to harmful carcinogens. These are scientifically linked to certain cancers after long-term exposure, including occupational work.
There are a number of hazardous substances railroad workers are exposed to on a daily basis, and prolonged exposure is a direct link to the reason many railroad workers are diagnosed with cancer at some point. For decades, many railroad companies were aware of the serious risks posed by these hazards, yet failed to provide adequate warning to workers or take steps to eliminate risk, raising serious concerns regarding workplace safety.
In short, repeated occupational exposure to these substances significantly increases the risk and likelihood of developing cancer over time, especially when protective measures are inadequate or absent.
Common Hazardous Substances Found in Railroad Work
- Asbestos: This was historically used for insulation, fireproofing, and adding strength and durability in locomotives and train cars
- Ballast dust: This dust, created from the rock foundation of a railroad, may contain harmful particles like silica
- Creosote: This is used to preserve wood on railroad ties from decay and insects, but it may be a toxic pesticide to humans
- Diesel exhaust: These emissions from diesel engines used to power trains may contain harmful chemicals like carcinogens
- Silica sand: This is used to improve traction, braking, and cornering power, but may contain harmful chemicals like carcinogens
- Solvents: These are used to remove grease and grime from locomotives and train cars, but may contain dangerous chemicals like benzene
- Welding fumes: This may be a toxic mix of ozone, arsenic, cadmium, aluminum oxide, carbon dioxide, and nitrogen dioxides
With that being said, railroad workers are at higher risk of developing a number of different cancers and illnesses.
Types of Cancers Linked to Railroad Work Exposure
- Bladder cancer
- Colon cancer
- Esophageal cancer
- Gastrointestinal tract cancer
- Head and neck cancer
- Intestinal cancer
- Kidney cancer
- Laryngeal cancer
- Leukemia
- Lymphoma
- Lung cancer
- Mesothelioma
- Multiple myeloma
- Stomach cancer
- Throat cancer
How Do I Know if Railroad Work Caused My Cancer in California?
Determining if your cancer diagnosis is work-related requires both medical and occupational evidence. Unfortunately, many cancers related to railroad work develop years, if not decades, following exposure, which can make causation complicated. However, it is still possible to prove the link with strong supporting evidence.
Signs Your Cancer May Be Linked to Railroad Exposure
- Long-term work around diesel engines, asbestos material, or chemical solvents
- Diagnosis of cancers commonly associated with occupational exposure, like lung cancer, mesothelioma, and leukemia
- Lack of adequate protective equipment or safety training from your employer
- Exposure to multiple carcinogens over the course of your career
Evidence Used to Strengthen a FELA Cancer Claim
- Medical records and pathology reports confirming the diagnosis
- Expert testimony from medical providers and occupational experts
- Employment records illustrating the length of your career and your exposures
- Scientific studies linking exposure to your type of diagnosed cancer
Can I File a FELA Claim After Receiving a Cancer Diagnosis?
You may receive a cancer diagnosis decades after your last shift spent on the railroad. With this, you may be unsure whether you are even eligible to file a FELA claim against the negligent railroad employer who you wholeheartedly believe to have caused your illness.
Well, you may rest easier knowing that the statute of limitations may be set to three years from the time you knew or reasonably should have known your illness was work-related. This means even retired railroad workers are eligible to file a FELA cancer claim if the illness is tied to past occupational duties.
Key Legal Considerations Under FELA
- You typically have three years from the date on which you were diagnosed or your illness was discovered to file a claim
- You must show that your employer contributed, at least partially, to your illness
- Delayed diagnoses are common and recognized under FELA law
- Early medical attention can help strengthen your claim and protect your health
Can I File a Claim Against a Railroad Employer After a Cancer Diagnosis?
Yes, railroad workers are eligible to pursue a FELA claim against their employer if negligence played a role in their illness. This is true even if the diagnosis comes decades after you have retired from the railroad. This is ultimately because, even in a high-risk environment, employers have a legal obligation to provide a reasonably safe work environment.
When a Railroad Company May Be Liable
- Failure to provide employees with proper protective equipment, such as respirators or adequate ventilation on job sites
- Lack of proper safety training regarding the handling of hazardous substances
- Continued use of known carcinogens without providing an adequate warning to employees
- Failure to reduce or eliminate risks despite alternative options available
Contact an Experienced California FELA Attorney Today
If you are ready to bring forward a FELA claim, please first retain the services of one of the competent FELA lawyers. Our team at Hildebrand McLeod & Nelson LLP is ready and able to represent railroad workers in the Western United States in their fight for the justice and compensation they deserve for the damages they have suffered as a result of employer negligence. Though our firm is located in two convenient locations in California, we represent clients throughout the country. Contact us today to learn how we can represent you.
