Railroad workers who develop cancer after years around diesel exhaust may bring claims under the Federal Employers’ Liability Act (FELA). The law lets an injured railroad employee sue the railroad when its negligence played a part in the injury.
No MDL or class action exists for railroad cancer. One former Norfolk Southern conductor filed an individual suit in Hamilton County Circuit Court in October 2019, claiming diesel exhaust and asbestos exposure contributed to his lymphoma.
The suit also claims the railroad broke safety rules. These are allegations, not court findings, and the railroad had not responded when the press reported the suit.
- Case or litigation name: Railroad worker occupational cancer claims under FELA (no consolidated case); lead individual suit: Sparks v. Norfolk Southern Railway Company
- Defendants: Norfolk Southern Railway Company (in the Sparks suit); no other railroad named
- Court and docket number, when available: Hamilton County Circuit Court
- MDL number, judge, and case count, when an MDL exists: No MDL
- Filing date: October 11, 2019 (Sparks suit)
- Main allegations: Alleged exposure to diesel exhaust, asbestos and other toxic substances during railroad work, said to have contributed to cancer, and alleged railroad safety-rule violations
- Products or people involved: Current and former railroad workers diagnosed with cancer after on-the-job exposures
Table Of Contents
Latest Railroad Cancer Lawsuit Updates
October 11, 2019: Former Conductor Sues Norfolk Southern
Former Norfolk Southern conductor Ronnie Sparks filed a lawsuit in Hamilton County Circuit Court. He claims diesel exhaust and asbestos exposure contributed to his lymphoma, as WRCB Channel 3 reported on October 14, 2019 [1].
The suit also claims the railroad violated safety regulations, and he seeks $1,000,000. These are allegations in a complaint, and no court has made a finding. The report notes the company’s response was still pending.
June 12, 2012: IARC Classifies Diesel Exhaust as Carcinogenic
The International Agency for Research on Cancer classified diesel engine exhaust as carcinogenic to humans (Group 1). It based the decision on sufficient evidence of an increased risk of lung cancer, according to the IARC press release [2].
IARC announced the classification in Lyon. It is a scientific finding about exposure. It is not a ruling in any court case.
What Is Occupational Cancer from Railroad Work?
Diesel exhaust comes from diesel fuel, which, according to the American Cancer Society, is used in most large engines, including those in many trains [3].
The ACS lists railroad and dock workers among the people with some of the highest work exposures to diesel exhaust. Heavy machinery operators are also on its list.
Who May Be Affected?
FELA covers a person injured while employed by a common carrier by railroad in interstate commerce, according to 45 U.S.C. 51 [4].
The railroad is liable for injury or death resulting in whole or in part from the negligence of its officers, agents or employees.
The ACS reports that workers with the heaviest and most prolonged exposures, such as railroad workers, have higher lung cancer death rates than unexposed workers.
In the Sparks suit, the conductor worked for Norfolk Southern from 1979 to 2012. Each case needs an individual legal review.
Reported Injuries or Damages
In the Sparks suit, the allegations name lymphoma and lost pension benefits. These come from a complaint described in a news report. No court has made a finding.
Cancer authorities describe separate findings about exposure. The ACS says lung cancer is the major type of cancer thought to be linked to diesel exhaust.
The Agency for Toxic Substances and Disease Registry says long-term benzene exposure can result in bone marrow cancers, including acute myelogenous leukemia [5].
These findings describe exposure risk in general. They do not show that a specific railroad job caused a specific cancer.
Evidence to Preserve
Records that show your work history and diagnosis can help a lawyer review a possible claim. Keep these items if you have them:
- Employment and job-assignment records, including dates, locations and duties.
- Medical and diagnosis records, including pathology and treatment.
- Any record of exposure to diesel exhaust, asbestos, benzene or other substances.
- Names of coworkers who shared the work.
- Railroad safety notices, training records and protective equipment records.
- Photographs of work sites and equipment.
Filing Deadlines
FELA sets its own limit under 45 U.S.C. 56. No action shall be maintained unless commenced within three years from the day the cause of action accrued [6].
The timing of your exposure, illness and diagnosis can also affect the deadline, and so can the state where you live.
A late filing can end a railroad cancer claim, however strong the facts. Check with a lawyer promptly about your own dates.
Frequently Asked Questions
Can You File a Railroad Cancer Lawsuit After a Worker Dies?
You can file a railroad cancer lawsuit after a worker dies, through the worker’s personal representative. FELA says the claim is for the benefit of the surviving spouse and children, then the parents, then dependent next of kin.
What Does the Research Say About Railroad Workers and Diesel Exhaust?
Research on railroad workers and diesel exhaust includes a 1988 cohort study of lung cancer in railroad workers, which the ACS cites as Garshick et al. The National Toxicology Program lists diesel exhaust particulates as reasonably anticipated to be a human carcinogen.
Is Diesel Exhaust Linked to Bladder Cancer?
Diesel exhaust is linked to bladder cancer only with limited evidence. IARC noted a positive association with an increased risk of bladder cancer. Its sufficient-evidence finding applies to lung cancer.
Does Diesel Exhaust Come Only from Trains?
Diesel exhaust does not come only from trains. The ACS says diesel fuel is used in trucks, buses, trains and ships. It lists truck drivers, miners and construction workers among highly exposed groups.
References
- https://www.local3news.com/story/41179829/update-former-norfolk-southern-employee-files-lawsuit-claiming-company-caused-cancer
- https://www.iarc.who.int/wp-content/uploads/2018/07/pr213_E.pdf
- https://www.cancer.org/cancer/risk-prevention/chemicals/diesel-exhaust-and-cancer.html
- https://www.law.cornell.edu/uscode/text/45/51
- https://www.atsdr.cdc.gov/toxfaqs/tfacts3.pdf
- https://www.law.cornell.edu/uscode/text/45/56