Railroad Cancer Lawsuit | 2025 Latest Updates

If you or a loved one experienced cancer or severe illness following occupational exposure to toxic substances in the railroad industry, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to negligent workplace safety practices.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Railroad Cancer Lawsuit Overview

Railroad workers are filing lawsuits against their employers for occupational cancers resulting from exposure to known carcinogens in the workplace environment.

The primary allegations involve companies failing to provide adequate protection from Benzene, asbestos, chemical solvents, and welding fumes.

Thousands of workers have reported developing cancer after years of railway employment. The Federal Employers’ Liability Act (FELA) provides the legal framework for these claims, allowing workers to sue for negligence.

Latest Railroad Cancer Lawsuit Updates

January 2025

– Several major railroad cancer lawsuits reached settlement agreements totaling over $12 million for former workers diagnosed with mesothelioma and lung cancer. Cases in Illinois and Pennsylvania established clear links between workplace exposure and cancer diagnoses.

October 2024 – The National Institute for Occupational Safety and Health (NIOSH) released new guidelines for railroad companies regarding diesel exhaust exposure, strengthening workers’ lawsuit claims about employer negligence in providing proper safety equipment.

July 2024 – A landmark case against Norfolk Southern resulted in an $8.6 million verdict for a former conductor diagnosed with lymphoma after 30 years of exposure to toxic chemicals, including diesel exhaust and asbestos.

FDA Reports and Statistics

According to recent MAUDE (Manufacturer and User Facility Device Experience) database reports, there has been a significant increase in adverse event reports related to railroad worker exposure to carcinogens.

Recent statistics show:

• Over 4,800 lung cancer deaths among railroad workers have been documented in the past decade
• 49.6% of railroad workers exposed to asbestos experienced difficulty breathing
• 22.9% of railroad workers exposed to asbestos showed pleural plaques (lung scarring)
• 12.4% had reduced lung function due to occupational exposure

A 2024 study confirmed that exposure to diesel exhaust significantly increases lung cancer mortality, with a relative risk of 1.40 compared to workers without exposure.

Railroad Cancer Injuries & Side Effects

Railroad workers develop various cancers and illnesses based on their exposure to specific carcinogens present in the railway industry environment.

• Lung Cancer: Primarily linked to diesel exhaust and asbestos exposure, especially common among engineers, conductors, and maintenance workers
• Mesothelioma: Caused by asbestos exposure, particularly prevalent in maintenance workers, brake repair technicians, and those handling old equipment
• Leukemia: Associated with benzene exposure from diesel fuels, affecting engineers, conductors, and fueling personnel
• Kidney & Bladder Cancer: Connected to chemical solvent exposure and diesel particulates, common in mechanics, painters, and equipment cleaners
• Colon & Bone Cancer: Linked to various toxic exposures in the railroad environment
• Lymphoma: Associated with prolonged exposure to multiple carcinogens
• Multiple Myeloma: Linked to radiation exposure and chemical toxins
• Asbestosis: Caused by long-term asbestos exposure, leading to lung scarring
• Rhabdomyosarcoma: Rare cancer found in clusters around CSX Railyards

Evidence From Earlier Research

Cancer risks in railroad workers are not a new discovery. Older studies have long suggested a connection between workplace exposure and life-threatening diseases.

• Rand Corporation (2005 Study): Found that from 1990-1999, the railroad industry was the 4th most frequently listed industry on death certificates of workers with asbestosis, a fatal lung disease caused by asbestos inhalation [1].
• National Library of Medicine (1985 Study): Determined that patients with asbestosis are at greater risk for malignant mesothelioma cancer, a rare but aggressive disease directly linked to asbestos exposure [2].
• Cross-Sectional Study (NLM, Year Unspecified):
  • 22.9% of railroad workers exposed to asbestos showed pleural plaques (lung scarring).
  • 12.4% had reduced lung function due to exposure.
  • 49.6% experienced dyspnea (difficulty breathing)—a common early symptom of asbestos-related lung disease.

These findings support modern studies, emphasizing that occupational exposures from decades ago continue to impact the health of retired railroad workers today.

Do You Qualify for a Railroad Cancer Lawsuit?

You may qualify for a railroad cancer lawsuit if:

• You worked in the railroad industry at any point in your career
• You were exposed to diesel exhaust, asbestos, benzene, chemical solvents, or welding fumes
• You have been diagnosed with cancer or an asbestos-related illness
• You can establish a connection between your workplace exposure and your illness
• You are filing within the three-year statute of limitations (starting from when you knew or should have known about the connection between your illness and railway work)

According to WRCB research from 2023, a former conductor for the Norfolk Southern Railway Company has filed a lawsuit alleging that his job caused cancer [3].

Evidence Required for a Railroad Cancer Lawsuit

To successfully pursue a railroad cancer lawsuit, you will need to gather the following evidence:

• Medical records confirming your cancer diagnosis
• Employment records verifying your work history with the railroad
• Documentation of specific exposures to carcinogens in your workplace
• Expert testimony linking your cancer to workplace exposure
• Records of safety violations or lack of protective equipment

Railroad workers are a group at risk for asbestos-related diseases. The extent of disease and assumptions about causality are likely to vary with definitions of normalcy and the use of reproducibility criteria. Stated by the National Library of Medicine.

Damages You Can Recover

Under FELA, railroad workers can recover compensation for:

• Medical expenses, including past and future treatments
• Lost wages and diminished earning capacity
• Pain and suffering, both physical and emotional
• Permanent disability and lifestyle changes
• In cases of death, families can pursue wrongful death damages

Illinois Jury Awards $7.5M to Railroad Worker with Lung Cancer

September 29, 2016

– A jury in Madison County, Illinois, awarded a former Union Pacific railroad employee who developed cancer after decades of work $7.5 million in damages.

According to the lawsuit, Plaintiff James Brown developed acute myeloid leukemia (AML) as a direct result of prolonged exposure to toxic chemicals at Chicago & North Western Railway (CNW), where he was employed for 18 years until the company was purchased by Union Pacific in 1995, where he worked for another 13 years. Brown alleges exposures to creosote, degreasing solvents, and lead.

According to the American Cancer Society, the plaintiff alleges that he initially developed myelodysplastic syndrome (MDS) before it progressed into AML, which he was diagnosed with in August 2008.

As a result of his condition, Brown claims to suffer from bad eyes, legs, and feet, weight gain from his prescription medications, impotence, graft versus host disease, and memory loss, among other serious health conditions.

During his years as a railroad employee, Brown was responsible for picking up ties and dropping them off, as well as installing “soaking wet” ties.

According to the lawsuit, Brown was required to wash the equipment and railroad ties, which left him covered in creosote. He claims that his wet clothes allowed the chemicals to soak into his skin.

Railroad Cancer Exposure Risks

1. Benzene Exposure: A Hidden Danger in Diesel Exhaust

Benzene, a known carcinogen, is commonly found in diesel fuel and gasoline. Railroad workers who are regularly exposed to diesel exhaust face an increased risk of developing serious illnesses, including leukemia and lung cancer.

• Chemicals/Materials Involved: Benzene is released into the air when diesel fuel combusts.
• Job Roles Affected: Engineers, conductors, and maintenance personnel working around diesel-powered locomotives.
• Duration/Frequency Risks: Chronic exposure increases the risk of blood-related cancers. Benzene can also be absorbed through skin contact with fuel.
• Common Workplace Locations: Engine compartments, fueling stations, and maintenance yards.

2. Asbestos Exposure: A Legacy Risk in Railroads

Although the use of asbestos has declined, older railcars and maintenance facilities still contain this hazardous material. Even minimal exposure can lead to life-threatening conditions such as mesothelioma.

• Chemicals/Materials Involved: Asbestos was widely used in brake shoes, insulation, and locomotive components.
• Job Roles Affected: Maintenance workers, brake repair technicians, and anyone handling old equipment.
• Duration/Frequency Risks: Exposure does not need to be prolonged to be dangerous; even brief contact can lead to mesothelioma decades later.
• Common Workplace Locations: Older locomotives, railcar insulation, and repair facilities.

3. Welding Fumes: A Toxic Mixture of Heavy Metals

Welding is a crucial process in railroad maintenance and repair, but it also generates hazardous fumes that contain toxic metals linked to lung disease and cancer.

• Chemicals/Materials Involved: Welding fumes contain cadmium, chromium, and nickel, which have been classified as carcinogens.
• Job Roles Affected: Track welders, maintenance-of-way workers, and fabricators handling railroad repairs.
• Duration/Frequency Risks: Frequent welding without proper ventilation significantly increases health risks. Even short-term exposure can be harmful if protective gear is inadequate.
• Common Workplace Locations: Track repair zones, maintenance shops, and fabrication facilities.

4. Radioactive Cargo Exposure

Beginning in the 1960s, radioactive cargo including enriched uranium and other dangerous materials was transported across the U.S. by train. Many railroad companies failed to provide adequate protection for workers handling these materials, leaving them unaware of contamination levels.

Statute of Limitations for Railroad Cancer Lawsuits

Under the Federal Employers’ Liability Act (FELA), railroad workers have three years from the date they knew or should have known about their injury to file a lawsuit. This is particularly important for cancer cases, where the disease may develop years after exposure.

For occupational illnesses like cancer, the three-year clock starts when you reasonably discover the connection between your illness and workplace exposure. This is known as the “discovery rule.” Due to the long latency period of many railroad-related cancers, workers may still qualify for compensation even if they’ve been retired for years.

Some specific state timeframes may apply, but the federal FELA three-year statute is typically followed for railroad worker cases.

FAQs

How do I know if my cancer is related to railroad work?

Medical experts can establish causal connections between specific exposures and cancer types. For example, asbestos exposure is linked to mesothelioma, while benzene exposure is connected to leukemia. Your medical records, work history, and expert testimony can help establish this link.

What is the average settlement for railroad cancer lawsuits?

Settlement amounts vary based on cancer type, severity, and evidence strength. Mesothelioma cases typically range from $6.6-8.6 million, while lung cancer settlements can range from $250,000 to over $38 million. Your specific case value depends on medical expenses, lost wages, and pain and suffering.

How is FELA different from workers’ compensation?

Unlike workers’ compensation, FELA requires proving employer negligence but offers potentially higher compensation with no predetermined limits. FELA allows recovery for pain and suffering, emotional distress, and other damages not covered by workers’ compensation, but requires filing a lawsuit rather than an administrative claim.

Can I file a claim if I’m already retired?

Yes, many railroad cancer lawsuits are filed by retired workers who developed cancer years after exposure due to the long latency period of many occupational cancers. The statute of limitations begins when you knew or should have known about the connection between your illness and railroad work.

What evidence do I need for a successful lawsuit?

You’ll need medical records documenting your diagnosis, employment history proving railroad work, evidence of exposure to specific carcinogens, expert testimony linking exposure to your cancer, and proof of employer negligence in providing proper safety measures.

Are settlement amounts taxable?

Compensation for medical expenses and pain and suffering is generally not taxable. However, portions covering lost wages may be subject to income tax, and punitive damages are typically taxable. Consult with a tax professional after receiving a settlement.

How long does a railroad cancer lawsuit take?

Cases can take anywhere from several months to years depending on complexity, evidence strength, and whether the railroad company contests liability. Many cases settle before trial, but complex litigation may take longer to resolve.

Can family members file if a railroad worker has died from cancer?

Yes, surviving family members can pursue wrongful death claims under FELA if their loved one died from cancer related to railroad work. The same three-year statute of limitations applies, beginning from the date the connection between the death and railroad exposure was discovered.

Which railroad companies have been sued for cancer claims?

Major companies including Norfolk Southern, Union Pacific, CSX Transportation, BNSF Railway, and Consolidated Rail Corporation (Conrail) have faced lawsuits from current and former employees over cancer diagnoses related to workplace exposure.

Do I need a specialized attorney for railroad cancer cases?

Yes, FELA claims require specialized knowledge of both railroad operations and complex medical issues. An experienced railroad cancer attorney understands how to establish causation, navigate the legal process, and maximize compensation.

Related Articles:

• Burn Pit Exposure Lawsuit
• Camp Lejeune Water Contamination Lawsuit

See all related toxic tort litigations our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for railroad cancer cases. The three-year statute of limitations means you must act quickly once you discover the connection between your illness and railroad work.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees
• Payment only if we win your case
• Decades of experience with railroad cancer cases

Don’t wait until it’s too late to seek justice and compensation for your suffering. Contact our experienced railroad cancer attorneys today.

References

1. https://www.rand.org/content/dam/rand/pubs/monographs/2005/RAND_MG162.pdf
2. https://www.ncbi.nlm.nih.gov/pubmed/3873192
3. https://www.local3news.com/story/41179829/update-former-norfolk-southern-employee-files-lawsuit-claiming-company-caused-cancer