Railroad workers who develop lung cancer from radiation exposure may have legal options to seek compensation. Under U.S. law, railroad workers are typically protected under the Federal Employers’ Liability Act (FELA), which allows them to file a lawsuit against their employer for injuries or illnesses sustained due to negligence. If a railroad worker is diagnosed with lung cancer from radiation exposure, they may be able to claim that their employer failed to provide a safe working environment by exposing them to harmful radiation sources.

Railroad companies can be held liable if they did not take adequate measures to protect workers from radiation exposure, such as providing proper safety equipment, limiting exposure levels, or offering training on safety protocols. A successful claim could result in compensation for medical expenses, lost wages, pain and suffering, and other damages related to the illness.

If you’re a railroad worker who has sustained an occupational illness, our team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.

How Can a Railroad Worker Prove That Their Lung Cancer Was Caused by Radiation Exposure?

Proving that lung cancer was caused by radiation exposure in a railroad environment can be challenging, but it is possible with the right evidence. Key factors in proving causation include:

Documentation of Radiation Exposure

Railroad workers should gather any records that document their exposure to radiation, such as job duties, work environments, and any specific tasks that involved radiation (e.g., working near radioactive materials or equipment). Some railroad workers might have been exposed to radiation from radiographic testing, nuclear medicine, or track inspection equipment.

Medical Records

A medical diagnosis of lung cancer and expert testimony linking the cancer to radiation exposure are essential. An oncologist or another medical expert can explain the connection between long-term radiation exposure and lung cancer. Studies show that radiation exposure increases the risk of developing lung cancer, especially in workers who have had long-term or high-level exposure.

Expert Testimony

Hiring a specialized occupational disease expert is important. This expert can testify about the risks of radiation exposure in the railroad industry and how it contributes to the development of lung cancer.

FELA Claims

In FELA cases, the burden of proof is lower than in traditional personal injury cases, meaning the worker does not need to prove that the employer’s negligence was the sole cause of the cancer, only that it played a role.

Can Railroad Workers File a Claim for Lung Cancer Caused by Radiation Exposure Under Workers’ Compensation?

Railroad workers typically cannot file a workers’ compensation claim for lung cancer caused by radiation exposure under state systems, as state workers’ compensation laws do not cover railroad workers. Instead, they are covered by FELA, a federal law that allows railroad workers to sue their employers directly for negligence. FELA is a more favorable option for injured workers than state workers’ compensation, as it permits workers to seek higher compensation and does not limit the damages they can recover.

Under FELA, workers can claim compensation for medical expenses, lost wages, pain and suffering, and future medical costs associated with lung cancer. Additionally, because FELA cases are based on negligence, if the railroad company was found to be negligent in protecting workers from radiation exposure, it could be held liable for significant damages.

What Types of Compensation Can Railroad Workers Receive for Lung Cancer from Radiation Exposure?

Railroad workers who develop lung cancer from radiation exposure may be entitled to several types of compensation through a FELA claim, including:

  • Medical expenses: Compensation for current and future medical treatments, including hospital stays, chemotherapy, medications, surgery, and any other treatments required to manage the lung cancer.
  • Lost wages: If the worker is unable to work due to their illness, they can seek compensation for the wages lost during their recovery period and for any future lost earning capacity if the cancer causes long-term disability.
  • Pain and suffering: This compensates workers for the physical pain, emotional distress, and diminished quality of life resulting from the diagnosis and treatment of lung cancer.

To maximize compensation, workers should consult with an experienced FELA attorney who can help navigate the legal process and build a strong case based on their exposure and diagnosis.

How Can Your Railroad Injury Law Firm Help?

Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.

Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced FELA attorney. Let us help you seek the justice and compensation you deserve.