ELG Law

Jones Act: Lung cancer claims

Seamen and shipyard workers have spent careers exposed to some of the most well-documented occupational carcinogens: asbestos, diesel exhaust, and creosote. Each is classified as a Group 1 carcinogen by the International Agency for Research on Cancer.

Under the Jones Act, seamen may bring claims when lung cancer is caused or significantly contributed to by workplace exposure to hazardous substances. Compensation may cover medical costs, lost wages, pain and suffering, and wrongful death damages for surviving family members. If decades of working aboard vessels have led to a lung cancer diagnosis, you may qualify to file a Jones Act claim. Reach out to ELG Law to have your case reviewed and find out whether you qualify for a claim.

How these exposures lead to lung cancer

Asbestos fibers lodge permanently in lung tissue and cause oxidative stress and chromosomal damage. A major peer-reviewed review found asbestos exposure increased lung cancer risk by approximately 70% or more in heavily exposed workers, with risk climbing further when combined with smoking.

Diesel particulate matter penetrates deep into the alveoli. The National Institute for Occupational Safety and Health Diesel Exhaust in Miners Study found workers with high cumulative exposure had significantly elevated lung cancer mortality, even after controlling for smoking and other carcinogens.

Creosote is often used on docks, pilings, and other wooden marine structures and contains mutagenic polycyclic aromatic hydrocarbons that damage DNA and cause mutations in lung tissue.

The unique factor in maritime lung cancer cases is the cumulative effect of exposure. Science shows that these substances interact with each other, increasing the carcinogenic impact of each beyond what any one exposure would cause on its own. Workers were not exposed to one carcinogen in isolation: 

  • Engine rooms concentrated diesel fumes on every shift 
  • Asbestos insulation lined nearly every surface of older vessels 
  • Dock and repair work added creosote exposure on top of both 

Key facts

Statute

Jones Act, 46 U.S.C. § 30104

Maintenance & cure

No-fault, employer-funded

Who is covered

Seamen

Free, Confidential Case Evaluation

Tell us what happened. We’ll tell you whether you have a case.

No fee unless we recover for you. All consultations are confidential and protected by attorney–client privilege.