Railroad workers face special dangers at work. They risk getting diseases from years of exposure to harmful substances and stress. The Federal Employers’ Liability Act (FELA) helps railroad workers get compensation. This is for cases where their employer’s negligence causes illness or injury.
If you’re suffering from an occupational disease linked to your railroad work, here’s what you need to know about filing a FELA claim—and how Kujawski & Associates can help.
What Is an Occupational Disease Under FELA?
An occupational disease is a long-term illness that happens because of work exposure or repeated stress. Common occupational diseases in the railroad industry include:
- Asbestosis and mesothelioma (due to asbestos exposure)
- Hearing loss (from prolonged noise exposure)
- Lung disease (from inhaling diesel fumes or silica dust)
- Carpal tunnel syndrome or joint problems (from repetitive motions or vibrations)
- Cancer (linked to chemical or solvent exposure)
To file a successful FELA claim, the illness must be caused—at least in part—by your employer’s negligence.
Steps to File a FELA Claim for Occupational Disease
1. Seek Medical Attention
Your health comes first. Get a proper diagnosis and begin treatment. Be sure to inform your doctor that your symptoms may be work-related.
2. Notify Your Employer
Once you have a diagnosis, notify your railroad employer in writing. Include the date, nature of the condition, and any links between your job duties and your illness.
3. Document Everything
Start a detailed record of:
- Your work history and job duties
- Medical records and test results
- Conversations with supervisors and doctors
- Any known exposures to harmful substances
This information will help build your case.
4. Contact a FELA Lawyer
FELA cases—especially occupational disease claims—can be complex. The railroad company may deny liability or argue that factors outside of work caused the condition. A skilled FELA lawyer from Kujawski & Associates can help you gather evidence. They can also negotiate with the railroad’s legal team and fight for the compensation you deserve.
5. File Your Claim
With the help of your attorney, you’ll file a FELA lawsuit in either state or federal court. Unlike workers’ compensation, FELA claims require proving employer negligence, but they also allow for greater financial compensation, including:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
Time Limits Matter
FELA claims must be filed within three years of when you knew or should have known your disease was work-related. In occupational disease cases, this timeline can be tricky—so don’t delay in reaching out for legal guidance.
Trust Kujawski & Associates With Your FELA Case
At Kujawski & Associates, we have spent many years helping railroad workers nationwide. We support those who have injuries and work-related illnesses. We understand how to handle FELA cases with care, skill, and determination—and we’re ready to fight for your rights.
