FELA Cancer Claims in Illinois

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For more than 100 years, railroad workers have relied on the Federal Employers’ Liability Act (FELA) to protect them when they’re hurt on the job. Unlike most employees, railroad workers aren’t covered by regular workers’ compensation. Instead, they must bring a claim directly against their employer under FELA. Many people associate FELA with traumatic injuries like falls, crush injuries, or accidents involving trains. However, a large number of claims involve something less obvious but just as devastating — cancer.

FELA cancer cases arise when railroad employees develop serious illnesses caused by long-term exposure to toxic substances in the workplace. Rail workers have historically been exposed to a wide range of carcinogens (cancer causing agents), including diesel exhaust, asbestos, silica, benzene, creosote, welding fumes, solvents, herbicides, and chemical degreasers. Many of these substances were present for decades, often without adequate protection, ventilation, or warnings. As a result, workers have developed cancers such as lung cancer, leukemia, bladder cancer, lymphoma, mesothelioma, and others.

One of the challenges with FELA cancer claims is the time gap between exposure and diagnosis. Many rail employees breathe diesel fumes or handle toxic materials for years before they ever get sick. When symptoms finally appear, it can be hard for workers to pinpoint the source or understand their rights. That’s where the structure of FELA becomes critical. Unlike workers’ comp, FELA requires the employee to prove the railroad was negligent in exposing them to harmful conditions. If the company knew, or should have known, that its workers were around dangerous substances without proper protection, it can be held accountable.

Because FELA cases are fault-based, having an experienced attorney is essential. Railroad companies and their insurers routinely deny responsibility in cancer cases, arguing that the illness could have been caused by something else or that the worker cannot prove a direct link. An attorney familiar with FELA understands how to gather evidence showing the worker’s exposure history, the railroad’s safety failures, and the medical connection between the toxic exposure and the cancer diagnosis. This often involves reviewing decades of employment records, industrial hygiene data, internal railroad documents, and scientific research.