The Federal Employers’ Liability Act (FELA) is a federal law that allows railroad workers to file claims against their employers for injuries or illnesses resulting from workplace negligence. FELA applies to lung cancer claims if the cancer is linked to the worker’s occupational exposure to hazardous substances such as asbestos, diesel exhaust, silica dust, or other carcinogens commonly found in the railroad industry.

Under FELA, workers must prove that their employer failed to provide a reasonably safe work environment, such as by failing to warn about known risks or implement protective measures. Compensation can cover medical expenses, lost wages, pain and suffering, and other damages caused by the illness.

If a railroad worker is diagnosed with lung cancer after 20 years of working on diesel engines, they can still file a claim under FELA because of what is referred to as the “discovery rule.”

If you’re a current or former railroad worker who has been diagnosed with lung cancer, 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.

When Does the Statute of Limitations Begin for a Lung Cancer Claim Under FELA?

The statute of limitations for filing a claim under FELA is three years. However, determining when the clock starts ticking depends on when the worker became aware of their illness and its connection to their work.

For lung cancer claims, the statute of limitations begins either:

  • When the illness is diagnosed: The clock generally starts when a doctor diagnoses the worker with lung cancer.
  • When the worker should have reasonably known the illness was work-related: If the worker was diagnosed earlier but only later discovered that workplace exposures were the likely cause, the statute of limitations starts from that point of discovery.

This “discovery rule” is crucial in cases where the worker may not have immediately linked their lung cancer to occupational hazards. For example, if a worker is diagnosed with lung cancer in 2022 but only learns in 2024 that prolonged exposure to diesel exhaust was a contributing factor, the statute would begin in 2022.

What Challenges Can Arise When Determining the Start of the Statute of Limitations?

Several challenges can complicate determining when the clock starts on a FELA lung cancer claim:

  • Delayed diagnosis: Lung cancer often develops over decades, and symptoms may not appear until the disease is advanced. A worker may unknowingly continue working in hazardous conditions before receiving a diagnosis.
  • Unclear causation: Workers exposed to multiple risk factors, such as smoking or non-work-related pollutants, may initially overlook the occupational connection to their lung cancer.
  • Employer denial: Railroad companies may dispute the connection between the illness and workplace exposure, arguing the worker should have known earlier or that non-occupational factors caused the cancer.
  • Secondary exposure: In cases where family members develop lung cancer due to exposure to hazardous substances brought home on workers’ clothing, determining when they became aware of the occupational link can be equally complex.

For these reasons, consulting a FELA attorney is critical to assess the timing and ensure the claim is filed within the statutory period.

What Evidence is Needed to Support a Lung Cancer Claim Under FELA?

To successfully file a lung cancer claim under FELA, workers or their families must provide evidence that:

  • The worker was employed by the railroad and exposed to hazardous substances on the job.
  • The railroad company was negligent in failing to provide a safe work environment, such as by not warning about known risks, implementing safety measures, or providing protective equipment.
  • The lung cancer was directly or partially caused by workplace exposures.

Supporting evidence can include:

  • Medical records and the lung cancer diagnosis.
  • Employment history showing exposure to carcinogens like asbestos or diesel fumes.
  • Expert opinions linking the worker’s illness to occupational hazards.
  • Testimony from coworkers about similar exposures or unsafe conditions in the workplace.

Timely collection of this evidence is crucial to strengthen the claim and meet the filing deadline.

What Steps Should a Railroad Worker Take to File a Lung Cancer Claim Under FELA?

If you or a loved one has been diagnosed with lung cancer and believe it is related to railroad work, it’s essential to act quickly. Seek the guidance of a FELA attorney experienced in occupational illness cases. An attorney can help investigate the claim, obtain expert testimony, and ensure the lawsuit is filed within the statute of limitations.

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 railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.