railroad cancer lawsuits graphic

Legally reviewed by Christopher M. Murphy - Doran & Murphy, PLLC

A cancer diagnosis can be life-changing, especially for current or retired railroad workers who spent years around hazardous substances such as diesel exhaust, asbestos, benzene, creosote, silica dust, and industrial solvents. Many workers are surprised to learn that they may have legal rights if their cancer was caused, even in part, by unsafe working conditions.

The Federal Employers’ Liability Act (FELA) allows railroad employees to seek compensation when a railroad’s negligence contributes to an injury or occupational disease, including many types of cancer. 

Here are the answers to some of the most common questions we receive about railroad cancer lawsuits.

Can railroad workers file a lawsuit if they develop cancer?

Yes. Unlike most employees who are covered by state workers’ compensation systems, railroad workers are generally protected by the Federal Employers’ Liability Act (FELA). Under FELA, an employee may pursue a claim against a railroad if the employer’s negligence played any part in causing the worker’s illness or injury.

If a railroad failed to provide a reasonably safe workplace, failed to warn employees about known hazards, or failed to implement appropriate safety measures, it may be held liable for occupational diseases, including certain cancers.

What types of cancer have been linked to railroad work?

Research has associated long-term exposure to certain workplace carcinogens with an increased risk of several cancers, including:

Not every diagnosis is work-related, but an experienced attorney can evaluate whether your occupational history may have contributed to your illness.

What workplace exposures can increase cancer risk?

Railroad workers have historically encountered numerous hazardous substances, including:

  • Diesel exhaust from locomotives (1)
  • Asbestos insulation and brake components (2)
  • Benzene in fuels and solvents (3)
  • Silica dust from locomotive sanders and ballast dust (4)
  • Welding fumes (5)
  • Industrial degreasers and cleaning solvents
  • Herbicides and pesticides used along railroad rights-of-way (6)

The specific risks depend on your job duties, work environment, and length of exposure.

I retired years ago. Can I still file a railroad cancer lawsuit?

Yes. Many occupational cancers develop decades after exposure. Because of these long latency periods, workers are often diagnosed years after leaving railroad employment.

Whether you still have time to file depends on several factors, including when you first knew—or reasonably should have known—that your cancer may have been related to your railroad work. Because filing deadlines can be complex, it is important to speak with an attorney as soon as possible after a diagnosis.

What must be proven in a FELA cancer case?

Every case is unique, but generally a successful FELA claim requires evidence that:

  • The railroad owed you a duty to provide a reasonably safe workplace.
  • The railroad was negligent.
  • You were exposed to hazardous substances during your employment.
  • That exposure contributed, at least in part, to your cancer.

Unlike some other legal claims, FELA does not necessarily require proving that workplace exposure was the only cause of your illness. Multiple factors may contribute to cancer, and workplace exposure can still be legally significant.

Does smoking prevent me from bringing a claim?

No. A history of smoking does not automatically prevent a railroad worker from pursuing a FELA claim.

For example, diesel exhaust, asbestos, and other workplace carcinogens may increase the risk of lung cancer even in individuals with a smoking history. Medical experts often evaluate all potential contributing factors when determining the cause of a disease.

What evidence can help support my case?

Useful evidence may include:

  • Employment records
  • Job descriptions
  • Medical records
  • Pathology reports
  • Union records
  • Witness statements
  • Industrial hygiene evidence
  • Exposure histories
  • Expert medical opinions

Even if you no longer have employment documents, many records can often be obtained during the legal process.

What compensation may be available?

Depending on the circumstances, compensation may include:

  • Past and future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

If a railroad worker has passed away from an occupational cancer, surviving family members may also have legal rights under applicable law.

How long does a railroad cancer lawsuit take?

The timeline varies depending on the complexity of the case, the medical issues involved, and whether the case settles or proceeds to trial.

Some claims resolve within months, while others require additional time to gather evidence, consult experts, and complete litigation. An attorney can provide a more specific estimate after reviewing the facts of your case.

What should I do if I believe my cancer is related to railroad work?

If you believe your illness may be connected to your railroad employment:

  • Continue following your physician’s treatment recommendations.
  • Gather any employment and medical records you have available.
  • Make a list of the jobs you performed and the substances you were exposed to.
  • Avoid assuming that retirement means you no longer have legal rights.
  • Speak with an attorney experienced in FELA occupational disease cases as soon as possible.

Early investigation can help preserve evidence and identify witnesses who may support your claim.

Why Experience Matters in Railroad Cancer Cases

Railroad cancer lawsuits often involve complex medical evidence, occupational exposure histories, and federal law. Building a successful claim frequently requires a thorough understanding of railroad operations, industrial hygiene, medical causation, and the Federal Employers’ Liability Act.

An attorney familiar with FELA cases can investigate your work history, identify potential hazardous exposures, consult with qualified experts, and help determine whether the railroad’s negligence contributed to your diagnosis.

Contact Our FELA Railroad Cancer Lawyers

If you are an active or retired railroad worker who has been diagnosed with cancer after years of occupational exposure, you may have important legal rights. A careful review of your work history, medical records, and potential workplace exposures can help determine whether you have a viable claim under FELA.

Our FELA railroad cancer law firm has a thirty-year history of representing railroad workers and their families in occupational disease and injury cases. We are available to answer your questions, explain your legal options, and help you understand the next steps. Contact us today to schedule a free, confidential consultation. 

(1) International Agency for Research on Cancer (IARC), Monograph Volume 105

(2) International Agency for Research on Cancer (IARC), Monograph Volume 100C

(3) International Agency for Research on Cancer (IARC), Monograph Volume 120

(4) International Agency for Research on Cancer (IARC), Monograph Volume 100C

(5) International Agency for Research on Cancer (IARC), Monograph Volume 118

(6) International Agency for Research on Cancer (IARC), Monograph Volume 112