By Rick Shapiro, FELA Lawyer

Imagine, you’re sitting in the doctor’s office and are told you have lung cancer. The news is like a punch to your stomach. You may ask yourself how this could have happened, but you have a sneaking suspicion that breathing in those diesel exhaust fumes all those years while working for the railroad may have contributed to the diagnosis. But how do you prove this connection?

This is where we come in. Our firm has handled numerous diesel exhaust fume cancer cases and can help you prove the connection between your cancer diagnosis and exposure to dangerous exhaust fumes. One way is to have a co-worker testify about your exposure to these fumes. Why is this important? Because, the Georgia Court of Appeals in Norfolk Southern Ry. Co. v. Baker ruled that your testimony and the testimony of your conductor regarding your daily exposure to these hazardous fumes, is sufficient to determine to prove evidence of long term prolonged exposure.

There is also a growing body of scientific evidence linking long-term exposure to diesel exhaust (also known as diesel smoke) and various ailments including cancer. For example, in September 2002 the Environmental Protection Agency stated that “long-term exposure to diesel engine exhaust in the air is linked to lung cancer. The human evidence from occupational studies is considered strongly supportive of a finding that diesel exhaust exposure is causally associated with lung cancer…” In fact, it is also well known that dozens of carcinogens are constituents of the diesel fumes, which include polyaromatic hydrocarbons.  Some of these hydrocarbons are so tiny that they can reach the bottom most area of the lungs when inhaled.

Another important factor is Railroad Locomotive Safety Standards and section 229.43 which states, “Products of combustion shall be released entirely outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions.” This means if diesel fumes leak inside the rail cab where you are located, the railroad company can be held liable for a federal railroad regulation/regulatory violation.  Under regulations, it also makes no difference whether the employer actually knew that the fumes were regularly getting into the crew cab.

Some former rail employees may not want to take legal action against their former employer out of a sense of loyalty. This is a mistake. Railroad companies were aware of the risks associated with diesel exhaust fumes since 1955 and failed to take action. Why? Because implementing the necessary safety precautions would have cost lots of money and the railroads were more concerned about profit than their employee’s health and well-being. Loyalty should not be a one-way street.  

Other employees may hesitate to initiate a FELA claim out of fear that they do not have enough evidence for their case to succeed. Again, this is why you should give our office a call for a free, confidential consultation. We can help determine what legal options are available to you.

 About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S.  We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.