One of the most common questions clients ask our FELA lawyers is if a railroad worker contracts lung cancer and is a cigarette smoker, does that kill the potential railroad claim? More and more railroad workers around the nation are coming up with lung and other cancers. And they’re wondering whether it’s caused by asbestos, diesel exhaust exposure, or other toxic chemicals in the workplace.
In a setting of asbestos exposure, having been a cigarette smoker makes your likelihood of getting lung cancer exponentially higher. However, the railroads knew this by the 1960s or 1970s and did not warn the railroad worker community, and people kept smoking.
If you’re a former or current railroad worker who has been diagnosed with cancer, the legal team at Shapiro, Washburn & Sharp can evaluate your situation to see if you have a case against the railroad. Call our office at 833-997-1774 for a free consultation and to explore your legal options.
How Does Smoking Relate to a Railroad Cancer Claim?
Smoking is a well-established risk factor for developing various types of cancer, particularly lung cancer. However, in railroad cancer claims, smoking may not necessarily be the primary cause of cancer. Railroad workers exposed to hazardous materials such as asbestos, diesel fumes, and other chemicals may develop cancer due to these exposures, independent of their smoking history. While smoking can complicate the case by being a contributing factor to lung or respiratory cancers, it does not negate the right to file a railroad cancer claim. The central issue in these claims is the work-related exposure to carcinogens, which may be shown to be a substantial factor in causing cancer.
Does Smoking Affect the Outcome of a Railroad Cancer Claim?
Smoking can impact the outcome of a railroad cancer claim, but it does not necessarily bar a worker from seeking compensation. In lung cancer claims, defense attorneys may argue that smoking contributed to the disease, which could reduce the amount of compensation a worker is entitled to. However, even if the worker smoked, the railroad employer could still be held responsible if the cancer is primarily caused by work-related exposure to toxic substances. It becomes a matter of proving that exposure to carcinogens in the workplace significantly contributed to the development of cancer, regardless of the worker’s smoking history. Medical experts often play a critical role in establishing this link.
How Can Smoking Complicate the Legal Process in Railroad Cancer Claims?
Smoking complicates the legal process in railroad cancer claims because it may be used as a defense by the employer or their insurance company to argue that the worker’s cancer was caused by their own lifestyle choices rather than workplace exposure. This can make it more difficult to prove that the cancer was due to work-related exposure. In many cases, the defendant may try to claim that smoking was the primary cause of the cancer, especially in cases of lung cancer. As a result, plaintiffs in railroad cancer claims often need medical expert testimony that differentiates the cancer caused by smoking from that caused by exposure to hazardous substances on the job. The presence of smoking can also impact the amount of damages awarded, as courts may reduce compensation based on the extent to which smoking contributed to the condition.
Can Railroad Workers File a Lawsuit Even If They Smoked?
Yes, railroad workers can still file a lawsuit for cancer caused by workplace exposure, even if they smoked. Smoking may be a factor in the development of the disease, but it does not absolve the railroad employer of liability if the worker was exposed to hazardous substances while on the job. FELA allows workers to seek compensation for injuries and illnesses caused by their employer’s negligence, regardless of smoking history. However, the presence of smoking may affect the amount of damages awarded, depending on how much smoking contributed to the condition.
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Medical studies have shown that railroad workers (e.g., conductors, engineers, yardmen, trackmen, etc.) who smoked on a regular basis and were exposed to asbestos had a 50 to 80-fold relative risk increase over non-smoking/non-asbestos railroad workers in contracting lung cancer. This is called “synergy” and radically increases the risk of developing cancer for railroad workers who smoke and have been exposed to asbestos during their careers.
To make matters worse, the railroad industry did nothing to warn the workers of this risk, so the workers had no idea that their risk of lung cancer so vastly increased because of the mix between smoking and exposure to asbestos fibers. This is why, if you or a loved one was diagnosed with mesothelioma or another type of cancer and have a history of both smoking and exposure to asbestos, you may have grounds to file a FELA claim against your railroad employer.
Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation and let us help you get the compensation you deserve.