Cancer

FELA and Cancer: Linking Railroad Work to Occupational Diseases

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For generations, Alabama’s railroaders have been the lifeblood of our state’s commerce, working tirelessly in the yards of Birmingham, along the vital port lines of Mobile, and across the rail networks that connect our communities. The work is demanding and a source of pride, built on a foundation of skill and dedication. But for many, the greatest risks of their long careers do not come from the immediate danger of moving trains or heavy equipment. Instead, a more sinister threat emerges years, or even decades, after they have retired a diagnosis of cancer linked to the toxic substances they were unknowingly exposed to every day on the job.

When a railroad worker or their family receives this devastating news, they are often left with questions and a feeling of injustice. The Federal Employers’ Liability Act (FELA) is the federal law that provides a path for these workers to seek accountability and financial stability.

The Unseen Dangers: Carcinogens in the Railroad Environment

Railroad work involves routine contact with a host of industrial materials and byproducts, many of which are now known to be potent carcinogens. For years, railroads often failed to provide adequate warnings or protective equipment, leaving their employees vulnerable.

Some of the most common sources of cancer-causing exposures for Alabama railroad workers include:

  • Diesel Exhaust: The black smoke billowing from locomotives is more than just soot. It contains a toxic mix of chemicals and particulate matter that, when inhaled year after year, is a primary cause of lung and other cancers. Workers in engine cabs, roundhouses, and rail yards faced constant, concentrated exposure.
  • Asbestos: This material was once used extensively in railroads for its fire-resistant properties. It was found in locomotive insulation, pipe coverings, brake shoes, and clutches. When asbestos fibers are disturbed, they become airborne and can be inhaled, leading to mesothelioma, lung cancer, and asbestosis decades later.
  • Benzene: A solvent used to clean and degrease locomotive parts and equipment, benzene is a known cause of blood and bone marrow cancers, most notably Acute Myeloid Leukemia (AML) and Myelodysplastic Syndrome (MDS).
  • Creosote: This wood preservative is used to treat railroad ties. The dark, oily substance contains hundreds of chemicals, many of which are carcinogenic. Track maintenance (gandy dancer) and repair crews who handled these ties daily were at high risk for skin and other types of cancer.
  • Silica Dust: The rock ballast that forms the foundation for railroad tracks contains silica. When this rock is disturbed during track maintenance, it releases fine crystalline silica dust. Inhaling this dust over long periods can cause lung cancer and silicosis.
  • Welding Fumes: Welders who build and repair tracks and railcars are exposed to fumes containing hazardous metals like manganese, chromium, and nickel, which have been linked to an increased risk of lung cancer.
  • Herbicides and Solvents: Chemicals sprayed along the rights-of-way to control vegetation and various industrial solvents used for cleaning contained toxic compounds that have been associated with cancers like Non-Hodgkin’s Lymphoma and Multiple Myeloma.

What Is the Federal Employers’ Liability Act (FELA)?

It is a common misconception that injured railroad workers are covered by standard state workers’ compensation. They are not. FELA was enacted in 1908 specifically to protect railroad employees by providing them with a legal avenue to sue their employer for on-the-job injuries.

Unlike workers’ compensation, which is a no-fault system, a FELA claim requires the injured worker to prove that the railroad was negligent. However, FELA sets a lower bar for proving this negligence. The worker only needs to show that the railroad’s negligence played any part, no matter how small, in causing the injury or disease. This is a more favorable standard for the employee than in a typical personal injury lawsuit.

FELA places a duty on railroads to provide their employees with a reasonably safe place to work. This includes providing safe equipment, proper training, and adequate warnings about known hazards—including the long-term health risks of exposure to toxic materials.

The Challenge of Proving a FELA Cancer Claim

Connecting a cancer diagnosis to workplace exposures that happened many years ago is the central challenge in an occupational disease claim. Railroads will often fight these claims aggressively, arguing that the cancer was caused by other factors like smoking or genetics. Building a successful claim requires a meticulous investigation to gather the necessary legal and medical evidence.

Key elements in proving causation include:

  • The Latency Period: Many occupational cancers have a long latency period, meaning the disease may not manifest for 10, 20, or even 40 years after the initial exposure. This delay is a medical hallmark of diseases like mesothelioma and asbestos-related lung cancer and is a key part of the evidence.
  • Detailed Work History: We work to reconstruct a railroader’s entire career. This involves identifying every job role, every location they worked in (from the Montgomery rail yards to the rural lines), and the specific duties they performed. This history helps establish the type, duration, and intensity of toxic exposures.
  • Coworker Testimony: Statements from coworkers who performed the same jobs or worked in the same areas can be invaluable. They can confirm the presence of carcinogens, the lack of safety equipment, and the day-to-day working conditions that led to exposure.
  • Expert Medical Testimony: Proving the link between exposure and disease requires opinions from highly qualified medical professionals. Oncologists, pulmonologists, and occupational medicine doctors can analyze medical records and scientific literature to provide an opinion that, to a reasonable degree of medical certainty, the railroad exposures were a cause of the cancer.

What Cancers Are Commonly Associated with Railroad Work?

Decades of scientific research have linked specific types of workplace exposures to an increased risk of certain cancers. Based on the common carcinogens in the railroad industry, claims frequently involve diagnoses such as:

  • Lung Cancer (linked to diesel exhaust, asbestos, silica, welding fumes)
  • Mesothelioma (a rare and aggressive cancer caused exclusively by asbestos exposure)
  • Leukemia (specifically Acute Myeloid Leukemia, linked to benzene)
  • Multiple Myeloma (a blood cancer linked to benzene and certain herbicides)
  • Non-Hodgkin’s Lymphoma (linked to herbicides and solvents)
  • Bladder Cancer (linked to diesel exhaust and industrial solvents)
  • Kidney Cancer (linked to solvents and creosote)
  • Colon Cancer (linked to asbestos exposure)
  • Throat and Esophageal Cancer (linked to asbestos and diesel fumes)

How Does Railroad Negligence Cause Occupational Disease?

A FELA cancer claim is built on the railroad’s failure to provide a safe workplace. This negligence can take many forms, and often, it was a pattern of behavior that lasted for decades. Examples of this negligence include:

  • Failure to Warn: Knowing that substances like asbestos, diesel exhaust, and benzene were hazardous, yet failing to inform employees of the risks.
  • Failure to Provide Protective Equipment: Not providing or enforcing the use of proper respirators, gloves, and protective clothing to minimize exposure.
  • Poor Ventilation: Designing and maintaining work areas like repair shops, roundhouses, and locomotive cabs without adequate ventilation systems to clear toxic fumes and dust from the air.
  • Failure to Follow Safety Standards: Ignoring industry best practices and government safety recommendations regarding the handling of hazardous materials.
  • Using Dangerous Substances: Continuing to use known carcinogens when safer, alternative products were available.

What is the Time Limit for Filing a FELA Cancer Claim?

FELA has a strict statute of limitations, which is generally three years. However, for occupational diseases like cancer, the law applies a “discovery rule.” This is an important distinction. The three-year clock does not start on the date of the last exposure or even the date of the cancer diagnosis. Instead, it begins on the date that the worker knew, or reasonably should have known, that their cancer was likely connected to their work at the railroad.

For many, this realization comes after a doctor asks about their work history and makes the connection, or after seeing information about the link between railroad work and their specific type of cancer. Determining when the clock started ticking is a complex legal question that requires careful analysis of the facts in each case.

What Compensation Is Available in a FELA Cancer Claim?

A diagnosis of an occupational cancer inflicts a heavy toll, not just physically and emotionally, but also financially. A successful FELA claim can provide the financial resources needed to cover these immense burdens. The damages that can be recovered include:

Economic Damages: These are the measurable financial losses.

  • Past and Future Medical Expenses: Covering all costs from diagnosis to treatment, including hospital stays, surgeries, chemotherapy, radiation, medications, and palliative care.
  • Lost Wages and Benefits: Compensation for the income the worker lost due to their illness.
  • Loss of Future Earning Capacity: If the worker was still employed, this covers the income they would have earned for the remainder of their career.

Non-Economic Damages: These compensate for the profound, non-financial impact of the disease.

  • Pain and Suffering: For the physical pain and emotional distress caused by the cancer and its treatment.
  • Mental Anguish: Compensation for the fear, anxiety, and depression that accompanies a life-threatening diagnosis.
  • Loss of Enjoyment of Life: For the inability to participate in hobbies, family activities, and other pursuits that bring joy.

If a railroad worker has passed away from an occupational cancer, their surviving family members may be able to file a wrongful death claim under FELA to recover for their own losses, including loss of financial support and companionship.

Contact Burge & Burge, PC for Experienced FELA Representation

The aftermath of a cancer diagnosis is overwhelming. Facing a legal battle against a powerful railroad corporation should not be another burden your family has to bear alone. At Burge & Burge, PC, we have been fighting for the rights of injured railroad workers and their families for decades. We handle the complexities of the legal process—from gathering decades-old employment records to consulting with leading medical and industrial hygiene professionals—so you can focus on your health and your family. We are committed to uncovering the evidence needed to show how a railroad’s negligence has impacted your life and securing the full compensation you are entitled to.

If you or a loved one is a current or former railroad worker diagnosed with cancer, we are here to help. Contact our office today at 205-947-2962 for a free, confidential consultation to discuss your case and learn how we can assist you on the path forward.

Frequently Asked Questions

What if I was a smoker and developed lung cancer? Can I still file a FELA claim?
Yes. Even if smoking contributed to your lung cancer, you may still file a FELA claim. Under FELA, the railroad can be held liable if its negligence—such as exposing you to asbestos, diesel exhaust, or silica—played any part at all in causing your illness. Your compensation may be reduced based on your level of fault, but your claim is not barred.
How long do I have to file a FELA cancer claim in Alabama?
You generally have three years from the date you knew or should have known that your cancer was related to your railroad work. This is known as the “discovery rule.” Because the timeline depends on the facts of your diagnosis and exposure, speaking with an attorney as soon as possible is essential.
What kind of proof do I need for a FELA occupational disease claim?
Evidence often includes your work history, documentation of toxic exposures (such as asbestos or diesel fumes), medical records confirming your cancer diagnosis, and expert medical opinions linking the exposures to your illness. A FELA attorney will gather and organize this evidence to support your claim.
My loved one passed away from cancer; can our family still file a FELA claim?
Yes. If a railroad worker dies from a work-related cancer, their family—such as a spouse, children, or financial dependents—can file a wrongful death claim under FELA. This allows the family to pursue compensation for financial support, loss of companionship, and other damages.
What if I worked for multiple railroads or the railroad I worked for no longer exists?
You can still pursue a claim. Liability may be assigned to any railroad whose negligence contributed to your exposure, even if you worked for several companies. If a railroad was sold, merged, or dissolved, a claim can typically be brought against the successor company that assumed its liabilities. An attorney can identify which company is legally responsible.