Railroad workers may encounter hazardous substances throughout their careers. Diesel exhaust, asbestos, silica dust, solvents, degreasers, fuels and other chemicals can create serious health risks, particularly when exposure occurs repeatedly over many years.
Unlike an injury caused by a derailment, fall or equipment accident, an illness associated with toxic exposure may not become apparent until long after the exposure began. A railroad worker who develops a work-related disease may be able to pursue compensation under the Federal Employers’ Liability Act, commonly known as FELA.
What Is Toxic Exposure in the Railroad Industry?
Toxic exposure occurs when a worker inhales, ingests or comes into physical contact with a potentially harmful substance. Railroad employees may face exposure while working in repair shops, rail yards, engine compartments, roundhouses, maintenance facilities or along railroad tracks.
Potential workplace hazards can include:
- Diesel exhaust and engine emissions
- Asbestos-containing insulation and equipment
- Silica dust
- Benzene and other petroleum-related chemicals
- Industrial solvents and degreasers
- Welding fumes
- Creosote used on railroad ties
- Lead and other heavy metals
- Herbicides and pesticides
One brief encounter with a hazardous substance may cause an immediate reaction. In many occupational exposure cases, however, the worker experiences repeated exposure over months or years before developing noticeable symptoms.
What Health Conditions May Be Associated With Railroad Chemical Exposure?
The health effects of toxic exposure depend on the substance, concentration, duration of exposure and the worker’s individual medical history.
Possible conditions may include:
- Lung cancer
- Mesothelioma
- Asbestosis
- Chronic obstructive pulmonary disease
- Leukemia and other blood disorders
- Kidney or liver damage
- Neurological conditions
- Respiratory irritation and chronic breathing problems
- Skin disorders
- Other occupational cancers or diseases
A diagnosis alone does not automatically establish a FELA claim. Medical and occupational evidence must connect the worker’s condition to exposures encountered during railroad employment.
How Does FELA Apply to Toxic Exposure Claims?
FELA is a federal law that allows qualifying railroad employees to pursue damages when an injury or illness results, at least in part, from the railroad’s negligence.
Under 45 U.S.C. § 51, a railroad may be liable when the negligence of the company, its employees or defects in its equipment or workplace contributed to an employee’s injury.
FELA differs from a traditional state workers’ compensation system. Workers’ compensation usually provides limited benefits without requiring proof that the employer was negligent. Under FELA, the railroad worker must generally present evidence that the railroad failed to provide a reasonably safe workplace and that this failure contributed to the illness.
A toxic exposure claim might allege that the railroad:
- Failed to warn workers about known chemical hazards
- Did not provide appropriate respirators or protective clothing
- Failed to maintain adequate ventilation
- Allowed hazardous dust, fumes or vapors to accumulate
- Did not properly test or monitor workplace exposure levels
- Failed to train employees on safe chemical-handling procedures
- Continued using dangerous substances despite safer alternatives
- Did not follow applicable safety rules or industry practices
The railroad’s negligence does not have to be the only cause of the illness. FELA applies when the railroad’s negligence played a part in causing the worker’s injury or disease.
What Evidence Can Support a Toxic Exposure Claim?
Occupational disease cases can be difficult because the harmful exposure may have occurred at multiple facilities over many years. The worker may not remember the names of every chemical or product encountered.
Evidence that may help establish a claim includes:
- Employment and job assignment records
- A detailed history of the worker’s duties and work locations
- Medical records and diagnostic test results
- Testimony from coworkers
- Safety Data Sheets and chemical records
- Industrial hygiene reports
- Air-quality or exposure-monitoring results
- Railroad safety manuals and training records
- Maintenance and inspection records
- Expert opinions from physicians and exposure specialists
- Information about protective equipment supplied by the railroad
Coworker testimony can be especially helpful when several employees experienced similar working conditions. Former coworkers may be able to describe visible exhaust, poorly ventilated areas, dust accumulation or the absence of respiratory protection.
Does the Worker Need to Identify One Specific Exposure?
Not necessarily. Many toxic exposure illnesses result from cumulative contact rather than a single identifiable incident.
A worker may have inhaled diesel exhaust daily, handled solvents regularly or worked around asbestos-containing materials at different locations. Developing a timeline of jobs, tasks, substances and workplace conditions can help medical and occupational experts evaluate the connection between those exposures and the diagnosed condition.
Other possible causes, including smoking history, previous employment and environmental exposure, may also be considered. The presence of another risk factor does not necessarily prevent recovery if railroad negligence also contributed to the disease.
What Compensation May Be Available?
The damages available depend on the facts of the case and the effect the illness has had on the worker and their family. A successful FELA claim may provide compensation for:
- Past and future medical expenses
- Lost wages
- Reduced future earning capacity
- Physical pain and suffering
- Emotional distress
- Disability and loss of normal life
- Necessary care or assistance
- Other losses connected to the illness
If toxic exposure results in a worker’s death, certain surviving family members may be able to bring a wrongful death claim under FELA.
What Is the Time Limit for Filing a FELA Claim?
FELA generally requires a lawsuit to be filed within three years after the claim accrues. The statute expressly establishes this three-year limitation in 45 U.S.C. § 56.
Determining when the clock begins can be more complicated for occupational diseases than for sudden accidents. A worker may have been exposed decades earlier but only recently learned of the illness and its possible connection to railroad employment.
In occupational disease cases, the timing may depend on when the worker knew or reasonably should have known both that an injury existed and that it may have been caused by work. The U.S. Supreme Court recognized the delayed nature of occupational disease claims in Urie v. Thompson, a case involving a railroad worker who developed silicosis after years of inhaling silica dust. Read the decision.
Because limitation questions are highly dependent on the facts, workers should not assume they have plenty of time simply because the exposure occurred many years ago.
What Should a Railroad Worker Do After a Diagnosis?
A railroad worker who suspects an illness may be connected to workplace exposure should:
- Obtain appropriate medical care and follow the doctor’s recommendations.
- Tell the physician about railroad jobs, duties and potential chemical exposures.
- Create a written employment history covering facilities, positions and substances.
- Identify coworkers who witnessed similar workplace conditions.
- Preserve medical, employment and retirement records.
- Avoid signing releases or giving detailed recorded statements without understanding how they may affect a claim.
- Speak with an attorney familiar with FELA and occupational exposure cases.
A complete work history can be valuable even when the worker does not know the exact name of every substance encountered.
Speak With a Railroad Injury Attorney
Toxic exposure claims often require a detailed investigation, medical evidence and expert analysis. The railroad may dispute the nature of the exposure, deny that it was negligent or argue that the illness came from another source.
Kujawski & Associates helps railroad employees and their families evaluate potential claims under FELA. If you have been diagnosed with cancer, respiratory disease or another condition that may be connected to toxic substances encountered during railroad employment, contact an experienced FELA lawyer at our office to discuss your legal options
