When most people go to work, it seems like a given that they can complete their job duties in a safe environment. However, this is not always the case. For railroad workers, sustaining injuries and illnesses because of their occupation is far from uncommon. Despite implementing laws to make job sites safer, many railroad employees receive life-changing diagnoses annually. As such, familiarizing yourself with the most common illnesses these employees can endure and how they can recover compensation for the expenses is critical. The following blog explores what you should know about these circumstances and how a railroad cancer lawyer can help you fight for the damages you deserve.
What Causes Illnesses in Railroad Workers?
Railroad workers are exposed to many hazardous materials at a high rate due to the nature of their jobs. Not only can the train emit harmful substances, but it also transports dangerous materials that workers often have to handle. Additionally, if they are working on a job site, it may be necessary to use harsh chemicals to kill weeds.
Common Hazardous Exposure in Railroad Work
Some of the most dangerous materials that railroad workers are exposed to include:
- Diesel exhaust fumes
- Silica dust
- Creosote
- Solvents
- Asbestos
- Welding fumes
- Lead and heavy metals
- Herbicides
What Are the Most Common Illnesses?
Unfortunately, the most common illnesses for railroad workers exposed to these substances are cancers, though other, non-cancer illnesses may also be attributed to railroad work. These include, but are not limited to, the following:
Cancers Linked to Railroad Work
- Lung cancer
- Bladder cancer
- Kidney cancer
- Esophageal cancer
- Colon cancer
- Leukemia and other blood cancers
- Mesothelioma
- Lymphoma
Non-Cancerous Occupational Diseases
Other occupational illnesses that railroad workers may face include:
- Chronic Obstructive Pulmonary Disease (COPD)
- Pulmonary fibrosis
- Scleroderma
- Lead poisoning
How Are These Illnesses Linked to Railroad Employment?
Many of these substances are ingested through inhalation. Railroad workers are often exposed to these fumes, fibers, and dust particles over the course of their employment, and often work in areas with a lack of proper ventilation. As such, the continued inhalation of these carcinogenic substances can lead to serious illnesses.
It’s also important to understand that when railroads fail to provide proper personal protective equipment (PPE), and do not adequately train or supervise workers, it may exacerbate the impacts of exposure.
Can Railroad Workers Recover Compensation for Occupational Diseases?
Receiving a life-changing diagnosis can be devastating. Though it seems like no amount of compensation can revert your life to the way it was, ensuring you receive damages for the illness you’ve suffered because of a negligent employer is critical.
Federal Employers’ Liability Act (FELA)
Under the Federal Employers’ Liability Act (FELA), railroad workers can file a claim against their employer if they were negligent. For example, if your employer did not train you on how to handle these materials or did not provide proper personal protective equipment, they can be found negligent and thus must pay a portion of your medical bills.
What If the Illness Appears Years After Railroad Work?
It’s necessary to understand the statute of limitations for these matters. Generally, you have three years from the date of an injury to file a FELA claim. However, as many illnesses can take years to develop, the three-year statute of limitations for FELA claims may seem impossible.
The Discovery Rule for Occupational Illnesses
However, when it comes to illnesses that take years to develop, FELA will adhere to the Discovery Rule. Essentially, this means that the statute of limitations does not start at first exposure, but rather when the worker knew or should have known that their illness was work-related. It’s critical to understand that you may seek compensation for a recent diagnosis that is work-related even if you retired decades ago.
What Should You Do After a Work-Related Diagnosis?
In the event you have been diagnosed with an injury or illness you believe is related to the work you performed for the railroad, it’s critical to take the necessary steps to protect yourself. Generally, you should:
- Document your work history and exposures
- Retain all medical records and bills
- Speak with an experienced FELA attorney
Contact Our Experienced FELA Attorneys Today
As you can see, many factors can influence the outcome of your FELA claim. That’s why connecting with an experienced attorney from Doran & Murphy to help you get the compensation you are entitled to is critical. Our firm understands the impact a cancer diagnosis can have on your life. Contact our team today to learn how we will fight for the justice you deserve.
