Railroad Workers CAN Bring Claims for Cancer Even if They Smoked
In recent decades, studies have linked conditions present in many railroad work environments to the development of cancer. This includes a studies on asbestos, silica dust, solvents, and most recently, a study published by the United States National Institutes of Health (NIH) that linked diesel exhaust to lung and bladder cancer. Everyone knows that smoking can cause cancer, but what many do not know is that these types of railroad exposures also can cause cancer. As a result, even current and former smokers can still bring claims against the railroad for their cancers.
Cancer Lawsuits Against Railroad Companies
Many railroad workers can receive compensation from railroad companies under the Federal Employee Liability Act (FELA). Under FELA, a current or former railroad employee could file a claim if the development of an injury was contributed to or caused by any negligence on behalf of the railroad company. This means that an individual could still receive compensation for a cancer claim even if railroad conditions were not the only factor contributing to the development of cancer. As a result, a worker could file a cancer claim against a railroad company even if they had a history of smoking cigarettes.
Demonstrating Negligence in a Cancer Lawsuit
There are several ways in which negligence can be demonstrated in cancer claims against railroad companies and, under the FELA, only the slightest negligence need be shown. This includes cases where a railroad employee was not made aware of the potentially dangerous conditions and was then exposed to potentially cancer-causing substances. Similarly, an individual who was never trained, educated, or warned about exposure to hazardous substances, like asbestos and diesel exhaust, could still receive compensation. Those workers that were not provided protective equipment could also still receive compensation. Exposure to dangerous substances could be demonstrated through accident reports, witness testimony, or other documentation. In many cases, medical evidence, such as a doctor’s reports and other medical records, could serve as vital evidence in a cancer lawsuit. And all this is true even if the worker was a smoker.
Contact an Experienced Railroad Cancer Lawyer Today
If you or a loved one was diagnosed with cancer after working for a railroad company, you may be entitled to compensation. A history of smoking DOES NOT mean that you cannot file a claim. An experienced railroad cancer attorney from Doran & Murphy could examine the specifics of your case and help determine the best path forward. To speak with a member of our knowledgeable legal team, contact us today.