Unfortunately, there is no shortage of hazardous and potentially deadly substances that workers on locomotives come into contact with every day, including some that have been known carcinogens for decades. Even with the best possible safety measures and equipment, there is still a chance that years of railroad or railyard work may leave an employee dealing with lung cancer and various other lung diseases long after they retire. If negligence by a railroad company results in a worker contracting this kind of disease, that worker may retain a railroad cancer attorney and file suit against their employer. A Texas railroad lung cancer lawyer could discuss your unique options during a confidential consultation and, once retained, work diligently to pursue the best possible resolution to your claim on your behalf.
Possible Grounds for a Railroad Lung Cancer Claim
In addition to establishing safety regulations, providing personal protective equipment to workers, and enforcing proper working practices on the job, railroad employers are responsible for making sure the conditions their employees work in are reasonably safe. In practice, this does not mean completely eliminating the presence of toxic substances like diesel fuel and fumes or industrial solvents. It does require being aware of known carcinogens and taking action to mitigate the risk that those materials will end up causing lasting harm to workers performing normal job tasks.
One of the most infamous and widespread failures of many railroad companies in this regard is the decades-long dependence that the industry had on asbestos as an insulative material. Today, this material is widely known to be carcinogenic and extremely dangerous when its minuscule fibers are inhaled. However, far too many railroad employers did not take prompt action to remove asbestos from locomotives and railyard buildings once its hazardous nature was discovered, leading to countless workers sustaining life-changing harm.
Exposure to diesel exhaust and fumes—particularly due to a lack of appropriate protective equipment or improper seals in engine compartments—is also a common source of lung cancer among railroad workers that could justify a lawsuit under FELA. A qualified Texas railroad lung cancer attorney could help anyone who contracted lung disease due to their railroad employer’s negligence.
What Factors Could Impact Recovery Efforts?
Notably, the value of a FELA claim based on work-related lung cancer may be reduced significantly by what is known as “comparative negligence.” This is the degree to which an injured or ill person is responsible for causing or worsening their condition. If a railroad company can identify any way in which a current or former worker may have exacerbated their own lung cancer risk, even if it is through something as simple as smoking a few cigarettes, they might use that information to mitigate their own liability for ensuing damages.
Conversely, there are certain circumstances in which railroad companies may bear strict liability for job-related lung cancer in Texas, as a lawyer could further explain. This most commonly happens based on the defendant company’s violation of the Locomotive Inspection Act, which holds railroad employers strictly liable for harm caused by their failure to ensure proper maintenance and inspection of seals in locomotive cabs that should prevent diesel fumes from seeping in.
Get in Touch with a Texas Railroad Lung Cancer Attorney Today
Being diagnosed with lung cancer can be a devastating moment in your life. Learning that it could have been avoided but for negligence by your former employer can be even more upsetting. Fortunately, you may have a legal right to financial recovery in this type of scenario that qualified legal representation could help you take full advantage of.
Speaking with a Texas railroad lung cancer lawyer could be the first and most important step you take toward obtaining fair restitution for the effects of your illness. Schedule your initial consultation by calling today.