Receiving a cancer diagnosis can flip your world upside down. Not only can this disease wreak havoc on your body, but it can also take you out of work while leaving you with astronomical medical bills. Unfortunately, this is often the case for railroad workers, as employers may fail to take steps to mitigate cancer risks. If you were recently diagnosed with cancer as a result of your time spent working on the railways, it’s in your best interest to keep reading. The following blog explores what you should know about fighting for justice with the assistance of a railroad cancer lawyer.
Why Are Railroad Workers Commonly Diagnosed with Cancer?
Unfortunately, railroad workers may come into contact with several harmful, carcinogenic substances throughout their time on the railroad. These substances include welding fumes, diesel fumes, silica sand, creosote, ballast dust, asbestos, and solvents.
However, with proper protective equipment, warning labels, and adequate training, the risk of coming into direct contact can be reduced, thus reducing the risk of developing cancer. Unfortunately, as many railroad companies prioritize productivity and profit, these steps may not be taken. As such, railroad workers are often diagnosed with cancer and other similar illnesses at higher rates.
Common kinds of cancer railroad workers may suffer from include, but are by no means limited to, the following:
- Colon cancer
- Bladder cancer
- Blood cancer
- Kidney cancer
- Lymphoma
- Leukemia
- Mesothelioma
- Intestinal cancer
- Laryngeal cancer
Can I File a FELA Claim if My Employer Did Not Mitigate Cancer Risks?
If you wish to file a claim under the Federal Employers’ Liability Act (FELA), it’s imperative to understand your rights. Generally, the most important thing to consider is the statute of limitations. In most cases, you have two years to file a claim against your employer if you have been injured on the job due to their negligence. However, as cancer can take years to develop, you may not have worked for the railroad for years when you are diagnosed. As such, many are led to believe they cannot file a claim.
However, FELA does understand that cancer can take years to develop. As such, you have two years from the date the illness was discovered to pursue a claim against your employer. This helps ensure you can fight for the compensation you deserve.
You should also note that you cannot simply file a claim against your employer after a cancer diagnosis. You must be able to prove that your employer was at least partially negligent and that negligence caused your injuries. For example, if you were not trained to handle hazardous materials or were not provided adequate personal protective equipment, you would be eligible to pursue compensation.
Navigating a FELA claim is complicated enough. However, when you are handling a cancer diagnosis on top of this legal action, it can be overwhelming. At Doran & Murphy, we understand how difficult these matters can be. That’s why our firm is committed to helping you navigate these legal matters. We can handle the legal complexities of your claim so you can focus on your health. Contact us today to learn how we can assist you.
