Railroad Workers and FELA:
The Path to Compensation for Cancer and Injuries
The railroad industry is vital to the nation’s infrastructure, but it does not come without its dangers, particularly the risk of occupational diseases such as cancer.
Understanding FELA: A Lifeline for Railroad Workers
The Federal Employers Liability Act (FELA) provides a specialized legal framework for railroad workers injured on the job. Unlike standard workers’ compensation, FELA requires proof of negligence but offers a lower burden of proof than typical negligence lawsuits.
FELA vs. Workers’ Compensation
FELA is tailored to the railroad industry and operates on a fault basis, while workers’ compensation is a no-fault system available to most other workers. Under FELA, injured workers or their families may take legal action directly against the employer and potentially bring the case to state or federal court if necessary.
The Hidden Dangers of Railroad Work
Railroad workers are routinely exposed to hazardous substances like diesel exhaust, which is linked to lung cancer, and asbestos, which can cause mesothelioma. These risks are not confined to those who work directly with trains, as even ancillary staff can face hazardous exposures.
Types of Railroad Cancer and Risks:
- Lung Cancer from Diesel Exhaust: Extended exposure to diesel fumes, which contain benzene, elevates the risk of lung cancer in railroad workers.
- Asbestos and Mesothelioma: Asbestos exposure has been a significant risk in the industry, especially for workers in roles where asbestos was commonly used.
- Lead Exposure: Lead exposure, primarily from old paint, poses risks of serious health issues, including nerve and reproductive damage.
The Importance of Legal Representation
The complexities of FELA claims necessitate experienced legal counsel. A specialized FELA attorney can make a considerable difference, conducting independent investigations, challenging the railroad’s attempts to deflect blame, and offering expert legal guidance.
How a FELA Cancer Attorney Helps:
- Investigation: An attorney will investigate the claim independently to counter the railroad company’s findings and establish negligence.
- Fighting Injustice: Railroads may try to pin the blame on employees to minimize compensation. A seasoned attorney can protect workers from such tactics.
- Expert Guidance: Attorneys can navigate through the maze of legal procedures and represent the worker’s interests effectively in court.
Proceeding with a FELA Claim
Filing a FELA claim is the first step for an injured railroad worker seeking justice. If the initial claim is unsuccessful, the case can be escalated to court. Proving negligence is crucial, and a well-versed FELA lawyer is indispensable for this process.
Partner with a FELA Cancer Attorney from Riz Injury Law Firm
If you or a loved one are dealing with health issues due to railroad work, consulting with the Riz Injury Law Firm can be instrumental. We are well-acquainted with the railroad industry and have a proven track record in FELA claims. We provide the necessary legal expertise to ensure just compensation for the harm suffered.
Don’t navigate this journey alone. Reach out to Riz Injury Law Firm for a free consultation and take the first step towards securing your rights and your family’s future. Our dedicated team is ready to champion your cause, offering the support and guidance you deserve.