Railroad Cancer Lawsuits: What Workers Exposed to Toxic Chemicals Need to Know

Railroad workers are taking legal action after years of exposure to diesel exhaust, asbestos, benzene and other hazardous chemicals at work. Research has connected these exposures to lung cancer, leukemia and mesothelioma, especially for those who spent years working in rail yards and locomotive cabs.

The Federal Employers’ Liability Act is a federal law that allows railroad workers to sue their employers if the company’s negligence contributed to their illness. Recent jury decisions in FELA railroad cancer cases, including awards of several million dollars, show that injured workers and families are already using this legal option.

A 2022 study in Springer Nature Link found that railroad workers face a higher risk of cancer because of long-term exposure to diesel exhaust, which contains industrial chemicals linked to cancer.

In addition, railroad workers may have been exposed to asbestos, a material used to insulate against heat. Asbestos is the chief cause of mesothelioma. It is also linked to lung, larynx (voice box) and ovarian cancer, according to the American Cancer Society.

These illnesses can take years to develop, so it’s important for both current and former employees to understand how their jobs may be connected to their diagnoses.

Lung Cancer and Diesel Exhaust

Many railroad workers spent years in locomotive cabs and rail yards breathing in diesel exhaust, which is linked to a higher risk of lung cancer. Engineers, conductors and shop workers who were around diesel-powered equipment every day had especially high exposure.

Leukemia and Blood Cancers From Benzene

Benzene is a chemical found in many cleaning products, degreasers and diesel exhaust. It can cause leukemia and other blood cancers, such as acute myeloid leukemia. Railroad workers who used fuels, cleaners or fluids to maintain equipment may have come into contact with this dangerous chemical, leading to benzene lawsuits.

Mesothelioma and Asbestos Exposure

Asbestos was commonly used in locomotives and rail equipment, including insulation and brake linings, putting workers at risk of mesothelioma. This cancer can take decades to develop, so it often appears in workers who retired many years ago.

Other Cancers

Besides lung cancer, leukemia and mesothelioma, being exposed to toxic chemicals on the railroad has also been linked to several other types of cancers.

The Federal Employers’ Liability Act lets railroad workers sue if the railroad’s negligence contributed to their illness. Unlike workers’ compensation, FELA requires workers to prove that the railroad failed to act safely.

However, FELA can provide higher compensation than a typical workplace claim.

How FELA Differs From Workers’ Compensation

Both workers’ compensation and FELA protect your legal rights in cases of workplace safety. Workers’ compensation is usually no-fault, meaning injured employees do not have to prove fault to receive benefits. FELA differs in that workers must show the railroad was negligent.

However, unlike workers’ comp in many states, FELA cases can result in broader damages, including pain and suffering and lost future income.

What Negligence Means in Railroad Cancer Cases

In railroad cancer cases, negligence can include failing to provide safe equipment and protective gear or failing to warn workers about toxic chemicals.

Many workplace injury lawsuits claim railroads knew about dangers like diesel exhaust, asbestos, benzene and other hazards but did not do enough to protect workers.

You might be able to file a lawsuit if you worked for a railroad for several years and later developed cancer linked to diesel exhaust, asbestos, benzene or other toxic chemicals.

Recent FELA cases show that workers with long-term exposure who were diagnosed with certain cancers have taken legal action against their employers.

Work History and Exposure Requirements

If you work or used to work for the railroad as a conductor, engineer, track worker or another job, you might be able to file a lawsuit if you were around diesel fumes, asbestos, benzene or silica dust for a long time.

These dangerous substances were common for years in places like train cabs, rail yards and repair shops, which is why many lawsuits have been filed.

Cancer Diagnosis Requirements

Railroad worker cases have included conditions like lung cancer, leukemia (such as AML), and asbestos-related mesothelioma. Other types of cancers mentioned in claims include esophageal, laryngeal, stomach, bladder, colon and kidney cancers.

Doctors and courts consider your work history, the chemicals you were exposed to and how long you worked those jobs when deciding if there is a clear link between your railroad work and the cancer.

Filing Deadlines — Statute of Limitations

Under the Federal Employers’ Liability Act, you have a limited time to file a lawsuit. In most cases, you need to file your claim within three years of your injury. If your injury was not obvious right away, the discovery rule may apply. This means the deadline starts when you find out, or should have found out, about your injury and how it relates to your job.

However, deadlines for certain lawsuits can vary by state and your situation. It is a good idea to talk to an attorney as soon as possible after your diagnosis.

Consumer Notice can connect you with an experienced railroad cancer lawyer for your situation. You can take advantage of our free case review to determine if you have a case. There is no cost and no obligation. If you decide to go forward, you won’t have to pay your attorney unless you win your case.

Railroad cancer lawsuits have led to significant verdicts and settlements, though each case depends on its specific facts. For example, a jury recently awarded $21.8 million to the estate of a Norfolk Southern worker who developed leukemia after long-term exposure to diesel exhaust and creosote (a substance made from coal tar).

Other verdicts and settlements have been reached, but many have undisclosed compensation amounts. Law firms estimate that cases for cancer related to railroad work have ranged anywhere from $4 million to $7.5 million.

If you believe your cancer is connected to your railroad work, you do not have to face the legal process alone. Start by collecting basic records, then reach out to a lawyer who specializes in FELA cases involving toxic exposure.

Courts have approved FELA claims for workers who developed cancer after years of exposure to diesel fumes, asbestos, benzene and other dangerous chemicals used in railroads.

Steps To Get Started

You can start a railroad cancer lawsuit in just three steps. You’ll need to gather records and find a lawyer experienced in this type of litigation.

Consumer Notice can help get you a free case review by putting you in touch with a lawyer.

What To Expect in the Legal Process

FELA cancer lawsuits are filed in federal or state court, not through workers’ compensation boards. Many cases settle before reaching trial.

Your lawyer will handle proving the railroad’s negligence, like not warning workers about toxic chemicals or not providing enough safety measures, so you won’t have to do that yourself.

During the process, you may need to share your medical records and answer questions about your work history. Your legal team will work to connect your illness to who or what is responsible.