Call Us Today (888) 320-3015
THE LAW OFFICE OF
GREGORY M. MCMAHON LLC
RAILROAD WORKERS
Understanding FELA Personal Injury Litigation
The Federal Employers' Liability Act (FELA) was enacted in 1908 to protect and compensate railroad workers injured on the job. Unlike typical workers' compensation systems, FELA requires the injured to prove negligence on part of the railroad, offering broader recoveries but demanding a robust legal strategy.
FELA litigation encompasses injuries ranging from minor to catastrophic.
Common claims include but are not limited to:
-
Traumatic injuries due to equipment failures
-
Repetitive stress injuries from continuous strain on the body
-
Occupational illnesses such as mesothelioma and other forms of cancer
Plaintiffs predominantly consist of conductors, engineers, maintenance workers, and other railroad personnel who face hazardous conditions. The law covers employees across all railroad sectors.
The scope and magnitude of FELA personal injury litigation highlight the crucial balance between labor rights and industrial responsibility within the railroad sector. As a key legal protector, FELA serves not only to provide justice and compensation for injured workers, but also to underline the importance of rigorous safety practices by railroad companies. Navigating this multifaceted legal environment underscores the indispensable need for skilled advocacy.
If you or a loved one have experienced an injury related to railroad work under FELA, our expert legal team is ready to help you explore your rights and options. Contact us today for a thorough consultation and robust legal support.
Services Provided
Case Evaluation and Investigation
We offer free consultations to evaluate potential claims, gathering detailed medical and occupational histories to build a strong case.
Claim Filing
We help file lawsuits against product manufacturers, premises owners, and other responsible parties. We also assist in submitting claims to asbestos trust funds, which have been established by bankrupt companies to compensate victims.
Trial Litigation
If a fair settlement cannot be reached, we are prepared to take the case to trial, using our expertise to advocate for clients’ compensation.
Resource Connection
We can connect clients with medical experts, support groups, and counseling services to aid in their overall well-being throughout the process.
Legal Guidance and Representation
We guide clients through the legal process, explaining rights and options. We handle all legal aspects, including filing claims, preparing legal documents, and representing clients in court.
Negotiation and Settlement
We typically work to negotiate settlements with defendants or their insurance companies to ensure clients receive fair compensation without going to trial.
Financial Compensation
Our aim is to secure monetary compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
We operate on a contingency fee basis, meaning we only get paid if we successfully obtain compensation for our clients.
Trades at an Increased Risk of Cancer
The nature of railroad work encompasses varied trades, each with its own unique set of duties and associated risks. Unfortunately, many of these roles expose workers to hazardous substances, significantly increasing their risk of developing serious health conditions, including cancer. As advocates under the Federal Employers Liability Act (FELA), we are committed to holding employers accountable and securing justice for those impacted. This page highlights how different trades within the railroad industry are exposed to toxic substances that have been linked to cancer, emphasizing our focus on worker safety and legal recourse.
Locomotive Engineers and Conductors
The confined space of the locomotive cabin can lead to high levels of inhalation of diesel exhaust, which contains known carcinogens like benzene, formaldehyde, and polycyclic aromatic hydrocarbons. Frequent exposure correlates with increased risks of lung and esophageal cancers.
Brake, Signal, and Switch Operators
exposure to asbestos in brake pads and electrical components, as well as silica dust during maintenance. Asbestos and silica dust exposure have been shown to cause lung cancer and mesothelioma.
Track Repair and Maintenance Crews
exposure to silica dust from railway ballast and track cutting, as well as creosote from treated wooden ties. Long-term inhalation of silica dust can lead to lung cancer, while creosote is linked to skin and bladder cancers.
Welders and Metalworkers
exposure to toxic fumes including manganese, cadmium, and nickel compounds released during welding tasks is associated with lung cancer and other respiratory issues.
Yard Workers and Switch Crews
exposure to diesel exhaust and solvents such as benzene present in fuels and cleaning agents significantly raise the likelihood of developing blood cancers such as leukemia, as well as bladder cancer.
Freight Car and Locomotive Repair Workers
exposure to asbestos insulation in older cars, plus exposure to solvents and heavy metals. The major concerns include mesothelioma from asbestos and various organ cancers from chemical exposure.
Each trade within the railroad industry has unique exposure risks, impacting worker health profoundly. Understanding these risks allows us to tailor our legal strategies to protect workers better and secure the necessary resources for their health and well-being. If you believe your cancer diagnosis is linked to your trade, we urge you to contact us for a free case evaluation under FELA.
Common Cancers in Railroad Workers and Their Causes
Railroad workers face a heightened risk of cancer due to various on-the-job toxic exposures. Under the Federal Employers Liability Act (FELA), employees who develop cancer linked to workplace conditions may pursue legal recourse to secure compensation. Some of the more common cancers that railroad workers are at a heightened risk of developing include:
Mesothelioma: Strongly linked to asbestos exposure, mesothelioma affects the linings of the lungs, abdomen, and heart. Many railroad components historically contained asbestos, resulting in long-term health risks.
Lung Cancer: Asbestos fibers, diesel exhaust, and silica dust are primary culprits in occupational lung cancer cases. Workers involved in maintenance, welding, and yard operations are particularly vulnerable due to inadequate respiratory protection. Lung cancer remains one of the most litigated conditions under FELA due to the severity and prevalence of its risk factors in rail work.
Bladder Cancer: Ongoing handling of benzene-containing materials, coal tar, and other volatile organic compounds used in rail operations contributes to developing bladder cancer. Litigation aims to address negligence in proper storage, labeling, and worker protection concerning harmful chemicals.
Leukemia: Known for its association with benzene exposure, leukemia remains a serious concern among railroad workers dealing with fuels and solvents without adequate personal protective equipment. Awareness efforts have led to stricter handling procedures and exposure limits to benzene to reduce these risks.
Esophageal Cancer: The inhalation of diesel exhaust and consumption of harmful particulates can contribute to the development of esophageal cancer. Efforts are focused on holding employers accountable for failing to mitigate airborne hazards effectively.
Our firm is dedicated to representing railroad workers impacted by these hazardous exposures. By understanding the key types of cancer and the toxic substances leading to these conditions, we can better advocate for justice and necessary reforms. If you suspect your cancer or that of a loved one may be linked to railroad work, seek legal guidance under FELA to explore your rights and options for compensation.
To discuss your case in more detail, or if you have any questions regarding potential occupational exposure and cancer risks, contact our experienced legal team. We're here to provide you with personalized counsel and relentless advocacy to ensure rightful justice and support on your journey.
Notable Verdicts
Railroad workers perform critical and often perilous job duties. Over the years, FELA litigation has resulted in substantial verdicts, highlighting the ongoing need to enforce safety and accountability in the railroad industry. Below, we summarize some prominent verdicts that underscore our commitment to justice for railroad employees.
A few of the many notable verdicts include:
-
A $14 million verdict for a track inspector whose leukemia was linked to benzene exposure, highlighting the railroad's negligence in providing suitable ventilation and safety measures.
-
A brakeman received a $12 million verdict for spinal injuries sustained due to faulty rail equipment. This decision underscored the employer's responsibility in maintaining infrastructure integrity.
-
$10 million was awarded to a maintenance worker who developed lung cancer due to prolonged exposure to asbestos-laden materials without adequate protective gear or warnings.
-
A conductor's family was awarded $15 million following a wrongful death claim, where unsafe working practices led to a fatal accident.
-
A jury awarded a $9 million verdict to a signalman who suffered life-changing injuries due to a lack of proper training and equipment.
These verdicts not only bring restitution to affected workers and their families but also drive substantial industry changes, incentivizing railroads to adopt better safety protocols and monitoring systems.
Cancer Treatment Options
A cancer diagnosis can be overwhelming, especially for those exposed to occupational hazards. For railroad workers, this often results from hazardous workplace conditions. Understanding your treatment options is crucial, not only for your health but also in building a strong case under the Federal Employers Liability Act (FELA). Our mission is to support railroad workers through both legal and health recovery processes. Below, we provide an overview of top treatment options for workers facing cancer diagnoses.
Chemotherapy
uses powerful drugs to kill cancer cells or stop them from growing. It's one of the most widely used cancer treatments. It is effective for rapidly dividing cancer cells and can be used for solid tumors and blood cancers. Potential side effects include fatigue, nausea, and increased infection risk. Close medical supervision can mitigate these effects.
Radiation Therapy
uses high-energy beams, such as X-rays, to target and destroy cancer cells. It is effective for cancers located in well-defined areas and for those who need localized treatment. Side effects vary depending on the area treated and can include skin irritation and fatigue.
Immunotherapy
this treatment boosts or restores the immune system's ability to fight cancer. It is particularly promising for certain types of cancers that don't respond well to chemotherapy. Patients may experience less severe side effects compared to traditional treatments, but therapy can be complex and costly.
Targeted Therapy
involves drugs that target specific molecules involved in cancer cell growth and survival. It is best for tumors with specific genetic changes; may require biomarker testing. Targeted therapies often have fewer side effects and can be an option for precision medicine.
Surgery
involves the physical removal of cancerous tissue; different surgical techniques are available based on cancer type and stage. It is often used when cancer is localized; can be combined with other treatments. Recovery time and risks depend on the extent of the surgery.
Stem Cell Transplant
replaces damaged bone marrow with healthy cells; often used after very high doses of chemotherapy or radiation. It is common for treatment of blood cancers like leukemia. It involves a lengthy and intensive treatment period but can be curative.
Additional Supportive Care
beyond these primary treatments, supportive care options such as pain management, nutritional support, and counseling play a crucial role in comprehensive cancer care. Rail workers facing cancer can benefit greatly from integrative approaches that combine treatment with nutritional guidance and mental health support.
Understanding treatment options is vital for making informed decisions about your care. Railroad workers exposed to hazardous conditions deserve not only superior medical care but also strong legal representation to help cover treatment costs and ensure justice is served. If you or a loved one is grappling with a cancer diagnosis believed to be linked to railroad work, our committed legal team is here to assist.
Reach out to our experienced FELA attorneys for a personalized consultation. We can help you understand your legal rights, explore your treatment options, and provide supportive resources throughout your journey to recovery.