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When railroad work contributes to the development of cancer, the employee may have a railroad cancer lawsuit. An analysis found that US railroad workers exposed to diesel exhaust had a 40% increase in the likelihood of lung cancer.
FELA lawyer Daren Sarphie of Sarphie Law explains railroad worker cancer lawsuits and what you need to know.
You can base a FELA claim on cancer. Like all long-term exposure claims, you must pay special attention to proving causation. You must also prove employment in the railroad industry such that the claim falls under FELA.
The World Health Organization has classified diesel engine exhaust as carcinogenic to humans. Similarly, OSHA says that people exposed to diesel exhaust on the job face an elevated risk of numerous health conditions, including cancer.
Railroad workers are generally exposed to carcinogens in higher quantities and frequency than the general public. They may be exposed to diesel engine exhaust and other known carcinogens in their work, which include the following:
These carcinogens may contribute to the development of cancer. They damage the cell’s DNA, which can make the cell grow abnormally, and also damage the body years before cancer appears.
There are two primary purposes of FELA. The first is to compensate railroad workers who are injured in their employment; the second is to hold railroads accountable for unsafe practices and promote safety in the industry.
A FELA claim may be based on a single event or exposure that causes harm. It may also be based on exposure over time that causes disease. Cancer is a qualifying workplace injury for the purposes of FELA.
To receive compensation, a victim must bring a claim within three years of when they know or should know of the injury. If you have been diagnosed with cancer, don’t wait to contact a lawyer. Even if the cancer progresses over time, a claim must begin within three years of knowledge of the harm.
To receive compensation, you must prove:
You then prove the damages you have based on the law.
FELA says that a railroad is liable in damages to a person suffering injury while employed by the carrier. Comparative negligence applies (45 U.S. Code §§ 51, 53). Damages may be economic or non-economic.
Medical and hospital expenses for cancer treatment should be included. You may need to develop evidence of projected future medical needs and costs. The victim may claim for disability and the inability to work along with pain and suffering and loss of enjoyment of life.
Damages for a cancer FELA claim can be significant, but the victim must identify and prove allowable damages.
A railroad cancer lawsuit is a type of toxic exposure lawsuit. The person bringing the claim must show general causation (that a substance generally causes cancer) and specific causation( that the plaintiff’s exposure likely contributed to their cancer).
The plaintiff makes their case by providing expert testimony. Experts may explain the nature of the exposure and offer the opinion that exposure was in an amount and duration that contributed to the victim’s cancer.
A plaintiff must be prepared for the defense to challenge admission of expert testimony. The trial court acts as the gatekeeper for the reliability of this testimony. The plaintiff should expect scrutiny of the expert’s qualifications and methodologies. Testimony must be persuasive to the jury, who ultimately decides causation, unless the parties reach a resolution by settlement.
See Bowers v. CSX Transportation Inc, (2023) where the victim was regularly exposed to carcinogens during a 30-year career in the transportation industry. They contracted lung cancer and brought a claim under FELA, alleging negligence in materials handling and failure to warn.
The negligence requirement
FELA is unlike state workers’ compensation programs in that evidence of employer negligence is required. Employer negligence must play a part in the victim’s injury, even if it played a very small part. FELA uses a relaxed standard of causation from traditional injury claims. However, a victim should not overlook the importance of establishing exposure, negligence, and causation when claiming compensation for cancer.
If you have contracted cancer and you work or have worked for a railroad, you may have a valid FELA claim. Sarphie Law handles FELA claims based on a cancer diagnosis. Contact us for a free and confidential consultation. Learn about your legal rights and get advice that is specific to your case.
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