If you spent years in a locomotive cab, rail yard, or shop breathing diesel fumes and now face a lung cancer diagnosis, the question is simple: was this caused by my job? For many railroaders, yes; and federal law gives you a path to hold the railroad accountable. Our railroad worker cancer lawsuit attorneys at Cory Watson Attorneys have spent 44 years helping injured workers across Alabama and Tennessee pursue these claims.
Quick facts:
- Diesel exhaust is a known human carcinogen (Group 1) according to the World Health Organization's International Agency for Research on Cancer.
- You can pursue a FELA claim even if you smoked, retired decades ago, or already draw a Railroad Retirement Board pension.
How Diesel Exhaust Exposure Increases Lung Cancer Risk for Railroad Workers
The U.S. railroad industry converted almost entirely from coal to diesel by 1959. Since then, workers have breathed diesel particulates and combustion byproducts in enclosed cabs, engine rooms, and yards.
What the Research Actually Shows
A study tracking nearly 55,000 U.S. railroad workers over 38 years, published in Environmental Health Perspectives, found that engineers, conductors, and brakemen- the jobs with the heaviest diesel exposure- had a lung cancer mortality risk roughly 40% higher than less-exposed workers. Separate research applying the EPA's IRIS risk-assessment methodology to rail-yard diesel concentrations reached the same conclusion: occupational exposure causes a measurable, quantifiable increase in cancer risk.
NIOSH has classified diesel exhaust as a potential occupational carcinogen since 1988 and maintains there is no known safe exposure level. Workers most at risk include:
- Locomotive engineers and conductors in enclosed cabs
- Brakemen and switchmen working around idling engines
- Machinists and shop workers who serviced diesel engines
- Yard workers exposed to multiple idling locomotives at once
Why Non-Smokers Are a Strong Case for a Railroad Lung Cancer Claim
Lung cancer isn't just a smoker's disease, and a claim doesn't require proving diesel exhaust was the only cause.
You Don't Have to Be a Non-Smoker to Qualify, But It Can Strengthen Your Case
Under FELA, a railroad is liable if its negligence played any part in causing your illness; a far lower bar than "sole cause." Non-smokers and light smokers often present a stronger case simply because it's harder for a railroad's defense team to blame tobacco instead of decades of exhaust exposure. If you smoked, that doesn't disqualify you; it's one factor among many your attorney will weigh alongside your work history.
Do You Qualify for a FELA Lung Cancer Lawsuit?
FELA, not state workers' comp, governs railroad occupational illness claims. It requires proof of employer negligence but allows broader recovery than workers' comp.
You may qualify if:
- You worked for a Class I, regional, or short-line railroad with regular diesel exposure
- You've been diagnosed with lung cancer, mesothelioma, or another exhaust-related illness
- Your exposure was years or decades ago; FELA's discovery rule gives you three years from when you knew, or should have known, your cancer was work-related, not three years from your last shift
- You're a current employee, retiree, or surviving family member pursuing a claim for a loved one
Caveat: every case turns on its specific facts and medical records. Nothing here guarantees eligibility; an evaluation from our FELA lung cancer claim attorneys is the only way to know where you stand. Contact us today to start that conversation.
Frequently Asked Questions
Does it matter which railroad I worked for? No. FELA applies to interstate railroad employees, whether at a major Class I carrier or a smaller regional line in Alabama or Tennessee.
I retired 20 years ago; is it too late to file? Not necessarily. FELA's discovery rule starts the three-year clock at diagnosis or reasonable suspicion of the cause, not at retirement.
Will filing affect my Railroad Retirement Board benefits? A FELA claim is separate from your retirement benefits, though it's worth discussing your specific situation with an attorney.
What if I already filed for workers' compensation? Railroad employees generally aren't covered by state workers' comp; FELA is the applicable framework, which is why a case review matters.
Get Help Understanding Your Rights
Cory Watson Attorneys has recovered more than $4 billion for injured clients over 44 years, from offices serving Alabama and Tennessee. Diesel exposure claims fall within the broader environmental and toxic exposure cases our firm handles. Learn more about us or contact us today for a free, no-obligation conversation about your diagnosis and work history.
About the Author: Prepared by the legal team at Cory Watson Attorneys, representing injured railroad workers and families throughout Alabama and Tennessee for 44+ years under FELA.