Most jobs present some level of risk to employees. However, most occupational risks are well known, which gives prospective employees the ability to make the decision whether the job is worth the potential risk involved. However, that isn’t the case with all dangerous jobs. In fact, railroad workers experience cancer diagnoses at a much higher rate than those in many other professions, yet, this isn’t a risk that’s commonly discussed or well-known to applicants. As a result, thousands of railroad workers have developed incurable—and often fatal—cancers. For example, one study found that there were over 4,800 lung cancer deaths among railroad workers over a 38-year period.

If you worked for a railroad and developed lung cancer or any other type of cancer, your diagnosis may be the result of your employment. As we’ve discussed in previous articles, workers who suffer serious injury that is related to their job may be eligible for compensation. While the workers’ compensation system covers most industries, there are special rules for railroad workers under the Federal Employer Liability Act (“FELA”). Those interested in learning more about their rights under FELA should reach out to a dedicated railroad cancer lawyer for assistance.

What Dangerous Substances Are Railroad Workers Exposed To?

Depending on their job and location, railroad workers may be exposed to many dangerous substances, some of which are classified as carcinogens. For example, the following are all dangerous substances that railroad workers are frequently exposed to and are known to cause cancer:

• Asbestos,
• Herbicides,
• Creosote,
• Diesel fumes,
• Lead paint,
• Rock dust,
• Silica dust,
• Solvents, and
• Welding fumes.

While some of these substances are only capable of causing cancer following long-term exposure, that isn’t always the case. For example, one study found that the length of time a worker was employed by a railroad company did not affect their chances of developing lung cancer, which may mean that workers may develop certain cancers even after short-term exposure to carcinogenic substances.

Which Types of Cancer Are Most Common Among Railroad Employees?

Railroad workers face an increased risk of developing certain types of cancer based on the substances they are exposed to through their employment. Some of the cancers and other serious health conditions that occur more often in railroad employees include:

• Bladder cancer,
• Chronic obstructive pulmonary disorder,
• Colon cancer,
• Interstitial lung disease,
• Kidney cancer,
• Laryngeal cancer,
• Leukemia,
• Lung cancer,
• Mesothelioma,
• Mixed dust lung disease,
• Pancreatic cancer, and
• Silicosis.

Which Railroad Workers Are Most at Risk of Getting Cancer?

Certainly, some types of railroad jobs put workers at a higher risk of developing cancer than others. However, the data suggests that all railroad employees experience a higher-than-average risk of cancer, including the following positions:

• Brakemen,
• Carriage maintenance crews,
• Conductors,
• Engineers,
• Firemen,
• Pipefitters,
• Sheet metal workers,
• Shopworkers,
• Trackmen, and
• Yardmasters.

The reason for this is that some of the dangerous chemicals that are present in the railroad industry are omnipresent, meaning they are not limited to one section of track. Of course, certain occupations have a higher risk of developing specific cancers.

Can Railroad Workers Who Are Diagnosed with Cancer Sue a Railroad Company?

Railroad workers who are injured as a result of their employment, including cancer diagnoses, may be eligible for compensation through what’s called a FELA claim. FELA, or the Federal Employers Liability Act, is similar to the workers’ compensation system in that it provides a way for injured workers to obtain compensation for their injuries. However, there are a few major differences between a FELA claim and a workers’ compensation claim.

First, a railroad worker who brings a FELA claim must be able to establish that the railroad company was at least partially responsible for their injuries or, in this case, a cancer diagnosis. This can be shown by presenting evidence that the railroad company was aware of the exposure risks workers faced but failed to warn workers and take the necessary precautions to minimize their exposure.

Second, unlike in a workers’ compensation claim, railroad workers who are eligible to bring a FELA claim do not need to give up their right to sue their employer. This means that a railroad worker who develops cancer may be able to sue their employer, provided the worker was not 100 percent at fault for their injury. In the context of a cancer diagnosis, it is highly unlikely that a railroad worker would be found to be 100 percent at fault, even if they smoked.

How Long Do Workers Have to File a FELA Claim?

Under FELA, railroad workers have up to three years from the “date of injury” to file a claim. However, in the context of a cancer diagnosis, it is nearly impossible to determine when the cancer began to develop. Therefore, courts usually allow workers to bring a claim within three years of their cancer diagnosis. However, there is nothing to be gained by waiting; those who believe that they developed cancer related to their work as a railroad employee should consult with an attorney as soon as possible.