A railroad worker with cancer can bring a claim under the FELA whether or not the worker smoked. Our office handles each case individually – evaluating whether a person has other potential exposures, or potential causes of their cancer. In some cases, we look to epidemiologic studies that have established tobacco smoke and asbestos exposures synergistically interact to enhance cancer risks. Both smokers and non-smokers can develop occupational cancer cases from exposure at the railroad. The FELA allows for recovery of any injury or disease caused in whole or in part by the railroad’s negligence. There are additional laws and regulations that may prevent the railroad from asserting a defense of cigarette smoking in certain cases. Only a qualified railroad attorney can assist you in determining if any of those particular laws apply to your case.