What happens and who may be responsible
Occupational disease claims often develop gradually after repeated exposure rather than from one single event. The Federal Railroad Administration (FRA) recognizes occupational illnesses caused by workplace environmental exposures as reportable railroad conditions in certain circumstances.
Depending on the facts, responsibility may involve:
- Inadequate ventilation
- Diesel exhaust
- Asbestos exposure
- Silica dust
- Benzene and solvents
- Welding fumes
- Fuels and petroleum products
- Chemical cleaners and degreasers
How FELA applies here
An occupational disease does not automatically establish railroad negligence. A FELA claim may require evidence that workplace exposure contributed to the worker’s illness and that the railroad failed to take reasonable steps to reduce or control the hazard.
The investigation may look at the worker’s job history, substances used or encountered, ventilation, protective equipment, exposure monitoring, prior complaints, safety procedures, and whether the railroad knew or should have known about the risk.
Safety bulletin
Diagnosed With an Occupational Illness After Railroad Work? Do this now.
1
Document your work and exposure history
Write down the jobs, locations, equipment, substances, and years of service associated with possible exposure.
2
Gather medical records
Keep records of diagnoses, testing, treatment, and any medical discussion connecting the condition to workplace exposure.
3
Talk to a FELA lawyer before signing important documents
Occupational disease claims can involve decades of work history and complex exposure evidence, so early legal review may help identify what information should be preserved.
Common issues in toxic exposure cases
- Diesel exhaust exposure
- Asbestos
- Silica dust
- Benzene
- Solvents and degreasers
- Welding fumes
- Fuel and petroleum exposure
- Chemical cleaners
- Poor ventilation
- Inadequate respiratory protection
- Failure to monitor hazardous exposures
- Delayed response to known workplace hazards
Occupational diseases may include
- Lung disease
- Mesothelioma
- Other asbestos-related disease
- Respiratory conditions
- Certain cancers
- Neurological conditions
- Skin disorders
- Other exposure-related illnesses
What a toxic exposure or occupational disease case may be worth
The value of a FELA claim depends on the diagnosis, severity, and progression of the illness; medical treatment; ability to continue working; lost earnings; future care needs; and the evidence linking the condition to railroad exposure.
There is no standard value for an occupational disease claim. These cases often require a detailed review of the worker’s medical, employment, and exposure history.
Evidence that may matter
Important evidence can include:
- Employment and job history: A detailed record of crafts, assignments, locations, and years of service can help establish where and when exposure may have occurred.
- Exposure and industrial hygiene records: Monitoring data, testing, or workplace assessments may help identify hazardous substances and exposure levels.
- Medical records: Diagnostic testing, treatment records, and physician evaluations can help establish the nature and timing of the illness.
- Safety procedures and protective equipment records: These may show what controls, respiratory protection, or other precautions were provided.
- Material and chemical records: Product information, safety data sheets, and records of substances used in the workplace may help identify potential exposures.
- Coworker testimony: Other workers may help establish which substances were present, how work was performed, and which protective measures were or were not used.