Early documentation matters: How railroad workers can document PFAS exposure for legal claims

Unlike standard injury cases, where physical evidence is often documented immediately, proving long-term exposure to workplace toxins is more complex. "Forever chemicals" called per- and polyfluoroalkyl substances (PFAS) come as an invisible danger, slowly accumulating in the worker's body over the years before the first symptom appears. Under the Federal Employers' Liability Act (FELA), a railroad worker may file a claim against their employer if they can prove that the company's negligence led to their occupational illness from chemical exposure.

How to track your long-term exposure to PFAS as a railroad worker

In a legal battle against your company's claims management and insurers, early documentation is your strongest weapon. The following steps are important in establishing your proof of exposure and evidence of the company's negligence in providing a safe environment for you.

1. Keep a log of your exposure pattern. To prove long-term exposure, keep records of your official job description and the date and time you were exposed to PFAS-containing products as part of your duties.
2. Identify the products you specifically handled. The best documentation is to photograph the industrial products you handled, along with their manufacturer details and components. These chemicals often come with Safety Data Sheets that detail hazard warnings.
3. Get witness statements. You may get witness statements from colleagues and other professionals regarding safety violations, such as a lack of safety training, absence of protective equipment, and specific incidents of spills and leaks.
4. Obtain a fire incident report from the fire department. If you believe AFFF was used in an accident involving a Class B fire, you may also get a fire incident report to show proof of AFFF exposure. It may be more difficult to obtain this information at the state level, but some departments allow you to request the report online.

What to do if you have been diagnosed with a PFAS-linked cancer

Early diagnosis is critical to surviving most types of cancer. As soon as you notice symptoms, we urge you to consult with a physician immediately. Under FELA, you are not required to be seen by the company physician to qualify for FELA compensation. If you have been diagnosed with any cancer related to PFAS, make sure that you report the diagnosis to your supervisor. However, do not give oral or written statements to claims agents. Your company may try to settle immediately, but it's important to inform your union representative and to get an attorney to help you negotiate your case.

Secure your rights by filing a FELA claim with ELG Law

Filing claims for occupational exposure is complicated, as long-term exposure requires careful documentation. At ELG Law, we have experienced attorneys who have been assisting victims of chemical exposure for over three decades. Contact ELG Law to get a consultation at no cost and find out if you are eligible for a FELA claim. We only need your employment records and medical documents for the initial evaluation.