Railroad workers who have suffered from exposure to dangerous substances, sometimes leading to cancer, may be able to pursue litigation under the Federal Employers Liability Act.

Working on the railroad, especially for long periods of time, may have involved exposure to chemicals like Benzene and other known carcinogens, putting workers at risk of developing a number of cancers and other diseases.

Railroad workers who suffered injury or developed cancer can file a lawsuit through the Federal Employers Liability Act. FELA allows monetary payouts for pain and suffering.

In FELA lawsuits, injured railroad employees need to prove that the railroad was “legally negligent,” causing the injury at least in part. FELA is not intended to be awarded automatically, like Workers Comp would be.

Railroad Work and Cancer Risk

Those who work on the railroad may be surrounded by materials manufactured with carcinogenic substances like Benzene. Benzene was banned from use in the U.S. more than 20 years ago, but it remains in some railroad products. Exposure to Benzene—either on the skin or inhaled—has been linked with a number of cancer types, including bladder, colon, and stomach cancers, as well as mesothelioma, Non-Hodgkin’s Lymphoma, and more.

Other carcinogens that may put railroad workers at risk include creosote, asbestos and other chemical solvents. Creosote has been linked with causing skin cancer and scrotum cancer. Asbestos can cause lung cancer and mesothelioma.  Chemical solvents can also cause brain diseases like chronic toxic encephalopathy.

A more complete list of cancers associated with railroad work can be found on our investigation page.

Basics of the Federal Employers Liability Act

The Federal Employers Liability Act was originally enacted back in 1908 to help protect railroad workers, as well as compensate those who were injured on the job. In order to receive compensation under the Federal Employers Liability Act, an injured railroad worker must prove that their injury was somehow caused—at least in part—by the negligence of the company, through another worker, agent, contractor, or piece of equipment.

Those who have worked on the railroad and have since been diagnosed with cancer or other serious diseases may be able to pursue litigation against their employer under the Federal Employers Liability Act (FELA). The Federal Employers Liability Act requires that railroad companies follow certain standards to provide a safe work environment for their employees.

A railroad worker who has been diagnosed with cancer because of exposure to hazardous chemicals like Benzene or creosote on the job may be able to seek financial compensation on the grounds that their employer did not provide an adequately safe work environment. A lawsuit filed under Federal Employers Liability Act acts to seek compensation without requiring the normal out-of-pocket costs that lawsuits generally involve.

Filing a Federal Employers Liability Act Lawsuit

A growing number of railroad workers are filing lawsuits after being diagnosed with cancer from exposure to chemicals like creosote or Benzene on the railroad.

If you have been diagnosed with cancer between 2013 and 2016 after working on the railroad for more than five years, you may be able to file a railroad worker cancer lawsuit through the Federal Employers Liability Act. While filing a railroad cancer lawsuit cannot reverse the damage of cancer or bring a loved one back to life, it can help to alleviate the financial damages often incurred by medical expenses and lost wages.