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FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) gives current, former, and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or another chronic illness from on-the-job exposure to benzene, creosote and diesel fumes and other carcinogens. Contact us for a no-cost consultation with an experienced railroad attorney today.

FELA Lawsuits

Every day railroads transport people, goods, and other services across the nation. These massive infrastructures require a huge number of railroad workers to manage and operate. Despite advances in technology the job of a railroad worker is extremely dangerous. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.

In contrast to workers' compensation which is a no-fault program, those who claim under FELA must prove that their railroad's employer was negligent in order to receive compensation. Generally, this is done through showing that the railroad's actions violated a federal norm, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.

In FELA cases it is simpler to prove negligence than other personal injury lawsuits. This is because of the strict comparative negligence criterion that allows workers to recover damages regardless of whether their actions caused their injuries.

Shaw Cowart's lawyers have vast experience with FELA claims, and they know how to look into evidence in these cases. Because the timeframe for filing an FELA claim is very limited, it is important to find an attorney early enough after your injury. This allows us to gather documents, statements, and other evidence. Contact us today to arrange an appointment with a railroad litigation attorney.

Exposure to carcinogens

Railroad workers are at risk of contracting various illnesses due to exposure to toxic chemicals. Railroad employees have been exposed for a long time to diesel fumes, welding fumes, and welding fumes. They are also exposed to asbestos, lead creosote and silica as well as creosote and creosote. This is why these chemicals can cause cancer as well as other illnesses in railroad employees. If a former or current railroad employee develops an illness that is directly attributable to the chemicals they were exposed to while working, they may be eligible to make a FELA lawsuit.

Numerous studies have revealed that railroad workers tend to suffer from a higher rate of cancer than people in other jobs. The most frequent cancers for railroad workers are lung, esophageal, and throat cancers as well as basal-cell carcinomas of the head and neck.


Benzene is among the most frequently used carcinogens which railroad workers are exposed. Benzene is a non-colorless gas that has a pleasant smell. It was banned more than 20 years ago in the United States, but it is still present in crude oil and diesel exhaust. It is also a component in degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the railroad and the city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived just a few blocks away from the creosote and rail yard.

Symptoms of Cancer

Railroad transportation is essential to the American economy. Each year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, including food and lumber and other materials, crude oil, grain, vehicles chemical, crushed stone and metal ore. Railroad workers are exposed to a broad variety of dangerous substances, and many develop illnesses like cancer as a result. A FELA injury attorney could assist you in filing a lawsuit against your employer.

One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a kind of skin cancer. He claims that exposure to sun light and creosote coated railroad ties between 1968 and 2009 caused the condition. He also claims that he did not receive the safety equipment to protect himself from the dangers of work.

LaTonya Paige, another plaintiff claims that her breast cancer was the result of her work at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed the lump on her breast in 2016. When cancer lawsuit removed the lump and found it was malignant. The cancer has taken over her lymph nodes, lungs the liver, and esophagus.

The Houston mayor has requested the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other harmful chemical mixtures up to the 1980s. In a study released by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas as well as rheumatoid arthritis.

The signs of other Diseases

Railroad workers are at risk of numerous health risks, particularly those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right of compensation when their employer violates the law. Chaffin Luhana is dedicated to helping victims receive the full compensation they are due.

According to research, workers in the railroad sector are more susceptible to developing cancer. If the workers are working in locomotives or working in yards, they are often exposed to harmful chemicals. A study found that railroad workers exposed to diesel exhaust had a greater risk of lung cancer. Benzene is a different chemical that has been linked to cancer in railroad workers. It is found in a variety of solvents, degreasers and other products used by the railway industry. It is also a constituent of diesel exhaust and is believed to cause non-Hodgkin lymphoma among rail workers.

In September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he did no wear protective equipment when installing railroad ties soaked with creosote. He also claimed that he had been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually progressed to acute myeloid leukemia.

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