FELA rights: Protecting railroad workers from toxic chemical harm

The Federal Employers' Liability Act (FELA) is a fault-based compensation system that allows railroad workers to file legal claims against negligent employers. Under FELA, railroad workers can recover damages caused by injuries or illnesses caused by chemicals like asbestos, creosote, or "forever chemicals" called the per- and polyfluoroalkyl substances (PFAS). To build a strong FELA case, a worker must prove that their employer's negligence (partial or 100%) led to their development of a related cancer/injury.

FELA covers PFAS-related illnesses if negligence is proven

Under FELA, railroad companies (and their contractors or subcontractors) are required to provide a reasonably safe workplace for their workers. Chronic exposure to PFAS in the railroad industry may come from the following safety violations that show the company's negligence:

• Unsafe PFAS-containing products like hydraulic fluids, solvents, and lubricants
• Defective products and equipment that cause leaks and spills of PFAS-containing fluids
• Lack of safety protocols and awareness of hazards
• Lack of training in the proper handling of PFAS-containing products
• Lack of fire safety and lack of fluorine-free alternatives for Class B fires, leading to the use of aqueous film-forming foam (AFFF) for liquid fire accidents

Railroad workers who develop cancer after chronic PFAS exposure, due to employer negligence, may be able to recover economic damages (medical expenses), non-economic damages (pain and suffering), and wrongful death compensation for surviving family members in case of death.

FELA eligibility: Who can file FELA claims for cancer/injury from toxic exposure?

Employees of a railroad company (or its contractor and subcontractor) may be eligible for FELA claims. Eligible workers may include rail engineers, track maintenance personnel, rail industry firefighters, and rail yard workers. The two most important criteria for eligibility are proof of exposure and negligence of the employer, along with diagnosis of a PFAS-associated cancer, which may be any of the following:

• Kidney cancer
• Testicular cancer
• Liver cancer
• Thyroid cancer
• Prostate cancer
• Breast cancer
• Pancreatic cancer
• Bladder cancer
• Leukemia
• Non-Hodgkin lymphoma
• Multiple myeloma

Aside from "forever chemicals", railroad workers are also exposed to other toxic chemicals associated with other occupational diseases. Exposure to asbestos, diesel exhaust, and creosote may qualify workers for a FELA claim for mesothelioma, lung cancer, colorectal cancer, throat cancer, or esophageal cancer. If you have been diagnosed with any of the linkable cancers mentioned or suffered a catastrophic injury as a railroad worker, we urge you to contact ELG Law immediately.

File a FELA claim for chemical exposure as a railroad worker: Contact ELG Law

Unlike standard workers' compensation laws, FELA allows railroad workers to recover full tort damages that standard payouts typically do not cover. However, proving that your cancer is related to your occupational exposure and your employer's negligence is the most challenging part. In this complicated process, you need a competent legal representative to pursue your case. ELG Law assists railroad workers in filing FELA claims for cancers related to chemical exposure. If you believe you may qualify for a claim, contact us for a free case evaluation.