Receiving a life-altering diagnosis can be an incredibly overwhelming and often traumatic experience. Unfortunately, this is the reality for many railroad workers, as they may be exposed to harmful substances regularly. Additionally, if you believe that the defective Personal Protective Equipment you were provided by your employer is the reason you have been diagnosed, the following blog explores your legal options and why working with a railroad cancer lawyer is critical to fighting for the justice you deserve.
What Railroad Illnesses Are Most Common?
Unfortunately, railroad employees can be exposed to several incredibly dangerous substances that can lead to serious illnesses later in life. These hazards include silica dust, welding fumes, solvents, and creosote, all of which workers may come into contact with regularly.
When exposed to these substances regularly and frequently, workers can develop a number of illnesses as a result. These include, but are not limited to, the following:
- Lung cancer
- Leukemia
- Colon cancer
- Bladder cancer
- Chronic obstructive pulmonary disease (COPD)
- Mesothelioma
- Pulmonary fibrosis
- Lymphoma
To reduce the risk of developing a serious illness while working with these substances, personal protective equipment must be worn. However, it’s imperative to understand that the equipment must be adequate and free of defects.
Can My Employer Be Held Liable if I Was Provided Defective Personal Protective Equipment?
Personal protective equipment (PPE) is utilized by workers to minimize the risk of exposure to hazards that could cause injury or illness. Typically, this refers to things like gloves, hard hats, respirators, safety glasses, and earplugs. Many railroads have guidelines regarding the exact specifications of required PPE, as well as when this equipment should be worn.
Unfortunately, if PPE is not adequately maintained or manufactured, it can become ineffective. Many railroads also may not provide the correct type of protection and offer dust masks in a situation where a respirator is required. As such, if you were subjected to unsafe working conditions as a result of defective PPE, you may be able to hold your employer accountable for the damages you have sustained.
It’s imperative to understand that to file a Federal Employers’ Liability Act (FELA) claim against your employer, you must be able to prove that they knew the equipment they provided was inadequate. For example, you may have an email in which you pointed out that the respirators you have been provided have broken straps, rendering them ineffective when working. If your employer does not take measures to remedy these matters, they can face liability if you develop an illness that could have been prevented with adequate equipment.
Being diagnosed with an illness that could have been prevented were it not for the negligence of your employer can be incredibly difficult to navigate. However, it’s imperative to understand that you do not have to fight for the justice you deserve alone. At Doran & Murphy, our dedicated legal team understands how complicated these matters can be and the challenges you face. That is why we are committed to providing you with the best possible legal representation. When you need help with your FELA claim, contact us to learn how we can fight for you.
