When a railroad worker develops cancer because of their job, they may be able to file a railroad cancer lawsuit. Studies have shown that U.S. railroad workers who regularly breathed in diesel exhaust had a 40% higher chance of getting lung cancer.
Our firm has been handling FELA cases since 1985, so we are familiar with the hazardous and unforgiving conditions railroad workers are forced to deal with. We also understand the many different illnesses and injuries that railroad work often causes. The Virginia-based FELA attorneys at Shapiro, Washburn & Sharp have represented railroad employees from all walks of life and won numerous multi-million-dollar verdicts and settlements for workers who were diagnosed with cancer arising from the nature of their employment.
If you or someone you love was diagnosed with a form of cancer that was caused by their work in the railroad industry, reach out to the Norfolk FELA attorneys at Shapiro, Washburn & Sharp today to schedule your free consultation.
Railway workers are, by and large, exposed to carcinogens in greater frequency and quantities than the average person. In their line of work, they could be exposed to diesel exhaust as well as multiple other known carcinogens, such as:
These substances are all carcinogens, meaning they have been proven to contribute to the development of cancer. They irreparably damage your cells’ DNA, which leads to abnormal cell growth and can also cause untold physical damage long before cancer is detected.
FELA serves two main purposes. The first is that it helps railroad workers get fair financial compensation when they are injured at work. The second is to force railroads to take responsibility for dangerous working conditions and encourage them to maintain safe workplace environments.
A FELA claim can be brought for a single injury-causing incident, or for an illness caused by prolonged exposure to a dangerous substance. Under FELA, cancer counts as a work-related injury.
In order to collect financial compensation, victims need to file their claims no later than three years from the day of the injury, or, for cancer-related claims, three years from when they knew or reasonably should have known that their illness was caused by their line of work. If you have been diagnosed with cancer, don’t wait to contact a lawyer.
To be fully compensated for your damages through a FELA claim, you will have to prove that:
Then, you will have to prove your damages so that fair financial compensation can be determined.
According to FELA, if a railroad worker is injured while in their employ, the railroad is liable for any damages. The laws of comparative negligence apply, which means that fault can be divided between the railway and its employee. Losses can be economic or non-economic in nature.
Obviously, any medical bills related to any cancer treatments must be included. You may also need to gather proof of your anticipated future medical care expenses. Ailing workers may also pursue financial compensation for diminished earning capacity, disability, decreased quality of life, and pain and suffering. Although damages for FELA cancer claims are usually quite considerable, the victim has to be able to prove them before compensation can be considered.
Railroad cancer lawsuits are a kind of toxic exposure lawsuit. The plaintiff must show two things:
In other words, they make their case by offering expert testimony. A professional will be able to explain how the exposure happened and give their opinion that the amount and length of exposure likely contributed to the victim’s cancer.
As a plaintiff, you need to be prepared for your expert testimony to be challenged by the defense. A trial judge will decide whether or not the professional’s testimony is reliable enough to be used, and their methods and training will be heavily scrutinized. Their testimony needs to be enough to convince a jury, because that is who will ultimately decide if job-related exposure caused the cancer, unless the case settles before trial.
FELA is different from state workers’ comp programs in that proof of employer negligence, however minor, is mandatory. FELA makes it easier to prove that the job caused the injury compared to regular injury claims. However, a worker still has to show that they were exposed to a noxious substance, that their employer was negligent, and that this exposure was the cause of their cancer.
If you work or used to work for a railway, and you contracted cancer, you might have a valid FELA claim. Dealing with cancer is challenging enough without having to take on a negligent and well-connected railway company at the same time.
The Norfolk FELA attorneys at Shapiro, Washburn & Sharp have more than 100 years of combined experience helping injured train workers and their families put their lives back together. In one recent case, we won a jury verdict of $8.6 million against CSX Transportation for a worker who was exposed to asbestos, diesel fumes, and radiation on the job. We take care of the legwork for you. That includes tracking down old work records, talking to medical professionals, and gathering strong proof that shows the impact that the railroad’s negligence had on your life. Let us help you get the compensation you are entitled to while you focus on your health and your family.You can schedule a free, confidential consultation by calling us at (833) 997-1774 or by completing the quick contact form on our website. With offices conveniently located in Norfolk, Hampton, Virginia Beach, and Portsmouth, we proudly represent injured railroad workers and their families across the eastern United States.
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When a railroad worker develops cancer because of their job, they may be able to file a railroad cancer lawsuit. Studies have shown that U.S. railroad workers who regularly breathed in diesel exhaust had a 40% higher chance of getting lung cancer. Our firm has been handling FELA cases since 1985, so we are familiar…
A case out of Montana strongly affirms railroad employees’ rights to secure compensation and damages for on-the-job injuries under the Federal Employers Liability Act (FELA) and for wrongful termination under the Federal Railroad Safety Act (FRSA).
The legal limit for the blood alcohol concentration limit of an on-duty railroad workers is zero.
Working on and around trains with diesel locomotives definitely raises a person’s risks for developing occupational illnesses.
The FELA allows railroad workers who suffer on-the-job injuries or develop occupational illnesses to hold their negligent employers accountable.