Radiation and Cancer Risk: Understanding Your Legal Rights

Radiation and Cancer Risk: Understanding Your Legal Rights

Radiation exposure, whether from medical treatments, occupational hazards, or environmental incidents, carries a potential risk of developing cancer. While radiation plays a crucial role in various fields, including medicine and energy, it’s essential to understand the associated risks and your legal rights if you believe you’ve been harmed by radiation exposure. According to the World Health Organization, between 30% and 50% of cancers can be prevented by avoiding risk factors, including minimizing exposure to ionizing radiation.

Understanding Radiation and Its Risks

Radiation is energy that travels in the form of waves or particles. Ionizing radiation, which includes X-rays, gamma rays, and particle radiation, has enough energy to remove electrons from atoms and molecules, potentially damaging DNA and increasing the risk of cancer.

Sources of Radiation Exposure:

  • Medical Procedures: X-rays, CT scans, and radiation therapy are common medical procedures that involve radiation exposure. While these procedures are generally safe when performed correctly, overuse or errors can lead to excessive exposure. A single CT scan of the abdomen, for example, carries approximately 450 times more radiation than a chest X-ray.
  • Occupational Hazards: Workers in nuclear power plants, uranium mines, radiology departments, and other industries may be exposed to radiation as part of their jobs. The Lyon Firm has extensive experience representing workers harmed by dangerous substances and environments.
  • Environmental Sources: Natural sources of radiation include radon gas, which can accumulate in buildings, and cosmic rays from space. Human-made sources include nuclear weapons testing and accidents like Chernobyl and Fukushima.
  • Consumer Products: Some consumer products, such as tobacco and certain luminous watches, contain radioactive materials.

Types of Cancer Associated with Radiation Exposure:

Radiation exposure has been linked to an increased risk of various cancers, including:

  • Leukemia
  • Lung cancer
  • Thyroid cancer
  • Bone cancer
  • Skin cancer
  • Breast cancer
  • Bladder cancer

Legal Rights and Options for Radiation Exposure Victims

If you believe you’ve developed cancer due to radiation exposure, you may have legal rights and options for seeking compensation. Several legal avenues may be available, depending on the source and circumstances of the exposure.

1. Workers’ Compensation:

If you were exposed to radiation in the workplace, you may be eligible for workers’ compensation benefits. Workers’ compensation is a no-fault system that provides medical expenses, partial wage replacement, and disability benefits to employees injured on the job. To be eligible, you typically need to demonstrate that your cancer is related to your work environment.

2. Personal Injury Lawsuits:

If your radiation exposure was due to the negligence of another party, such as a manufacturer of defective equipment or a facility that failed to maintain safety standards, you may be able to file a personal injury lawsuit. Successful lawsuits may provide compensation for:

  • Medical expenses and future treatment
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Wrongful death benefits for surviving families

3. Medical Malpractice Claims:

If a medical professional’s negligence led to excessive radiation exposure during a medical procedure, resulting in cancer, you might have grounds for a medical malpractice claim. This could arise from overuse of CT scans and X-rays or excessive radiation during cancer treatment.

4. Radiation Exposure Compensation Act (RECA):

The Radiation Exposure Compensation Act (RECA) is a federal law that provides partial restitution to individuals who developed certain serious illnesses following exposure to radiation from the U.S. nuclear weapons program, or their survivors. RECA covers “downwinders” (individuals who lived in areas affected by nuclear testing) and uranium workers. The One Big Beautiful Bill Act (OBBBA), Pub. L. No. 119-21, enacted July 4, 2025, reauthorized the filing of claims under RECA until December 31, 2027, and expanded eligible populations.

5. Veterans Affairs (VA) Benefits:

Veterans exposed to radiation during their military service may be eligible for VA health care and disability compensation. The PACT Act expands benefits for veterans exposed to toxic substances, including radiation. If a veteran participated in specific efforts or served in certain locations, the VA presumes they had exposure to radiation.

Steps to Take If You Suspect Radiation-Induced Cancer

  1. Seek Medical Attention: Consult a doctor immediately for diagnosis and treatment.
  2. Document Everything: Keep detailed records of your exposure, medical treatments, and related expenses.
  3. Consult an Attorney: Contact a lawyer experienced in radiation exposure cases to discuss your legal options. An attorney can evaluate your case, gather evidence, and help you navigate the legal process.
  4. File Claims Promptly: Be aware of deadlines for filing claims, such as workers’ compensation or RECA claims. For example, all claims under RECA must be filed by December 31, 2027.

The Importance of Legal Representation

Radiation exposure cases are often complex and require specialized knowledge of radiation science, medicine, and law. An experienced attorney can help you:

  • Determine the source and extent of your radiation exposure
  • Establish the link between your exposure and your cancer diagnosis
  • Identify all potential liable parties
  • Gather evidence to support your claim
  • Negotiate with insurance companies and defendants
  • Represent you in court, if necessary

Navigating the Legal Landscape

Several factors can influence your legal options, including the type of radiation exposure, the jurisdiction where the exposure occurred, and the applicable statute of limitations. A statute of limitations is a law that sets a time limit for filing a lawsuit. It’s crucial to consult with an attorney as soon as possible to protect your rights and ensure you don’t miss any deadlines.

Seeking Justice and Compensation

If you or a loved one has been diagnosed with cancer due to radiation exposure, you have the right to seek justice and compensation for your losses. Understanding your legal rights and options is the first step toward holding responsible parties accountable and securing the resources you need to cope with the physical, emotional, and financial challenges of cancer. Contact our firm today for a free consultation to discuss your case and explore your legal options.