FELA claims

Railroad workers face serious health risks from PFAS Exposure

PFAS, which are often called "forever chemicals," accumulate in the human body over time. Workers on railroads, such as firefighters, are at a high risk of exposure to these hazardous chemicals. Scientists have linked PFAS exposure to numerous serious cancers and health conditions that can cause devastation to workers and their families.

PFAS are used in a variety of rail industry applications, including firefighting foams, lubricants, hydraulic fluids, and maintenance products. Aqueous film-forming foam (AFFF) containing PFAS was used by railroad firefighters during training exercises and emergency responses. Rail equipment, paints and adhesives applied to rail infrastructure and rolling stock, and water-resistant or stain-resistant coatings on textiles and materials within the rail environment are additional sources of exposure.

Because PFAS have a long biological half-life, they can accumulate within the body for many years, especially in the liver and kidneys. The FELA protects railroad workers from exposure to these chemicals, so they should know their rights.

Qualifying cancers & injuries for FELA claims if you work with ELG Law

Railroad workers who developed cancer or serious illnesses linked to workplace exposures may be eligible to file FELA claims. To potentially qualify, you must have been diagnosed within the past three years. The following PFAS-related cancers qualify for compensation:

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

Railway workers who have handled asbestos-containing products throughout their careers continue to face significant risks from asbestos exposure. There are also serious health risks associated with diesel exhaust and creosote exposure among rail workers. The following cancers also qualify for FELA claims:

• Mesothelioma
• Lung cancer
• Throat cancers (laryngeal, pharyngeal, esophageal)
• Colon and rectal cancer

Besides the above-mentioned cancers, ELG Law files FELA claims on behalf of railroad workers who suffered:

• Catastrophic injuries

Who is eligible to file a FELA claim?

FELA covers employees of railroad companies engaged in interstate commerce. This includes a wide range of occupations within the railroad industry:

• Conductors
• Engineers
• Brakemen
• Track maintenance crews
• Signal workers
• Yard workers
• Shop workers
• Railroad firefighters who used AFFF

Workers injured while performing duties on rail lines, in rail yards, in repair shops, or during transport assignments can file FELA claims. Surviving spouses, children, or dependents can also file claims in cases where workplace exposures resulted in fatal illnesses.

FELA's legal standards

Under the Federal Employers' Liability Act (FELA), railroad workers are not covered by a no-fault workers' compensation system. Instead, FELA operates as a fault-based liability system. To recover damages, an injured worker must prove that the railroad's negligence contributed to the injury in any part, even if slight. This standard is often described as a "featherweight" burden of proof, and it was affirmed by the U.S. Supreme Court in Rogers v. Missouri Pacific Railroad Co. (1957), which held that an employer is liable if their negligence played the smallest role in producing the injury.

In this standard, even a minimal fault by the employer can establish liability, which is more favorable to workers than in typical negligence standards.

Negligence on the part of railroads may include the following:

• Unsafe equipment
• Inadequate training
• Lack of safety protocols
• Defective tools
• Unreasonable workloads
• Violations of federal safety regulations

Railroad companies can be held liable for coworker negligence, expanding potential avenues for recovery. Due to FELA's comparative negligence principles, damages are reduced based on the worker's percentage of fault, but recovery is not totally barred.

Damages available through FELA claims

FELA provides a greater level of compensation than what is typically provided by workers' compensation systems. A railroad worker who has been injured may be entitled to the following compensation:

• Medical expenses (past and future)
• Lost wages and loss of future earning capacity
• Pain and suffering, emotional distress, and loss of quality of life
• Wrongful death damages for dependents, including financial loss and loss of companionship

Compensation is available under these damages that do not apply under typical workers' compensation systems, since occupational diseases have a profound impact on workers and their families beyond economic losses.