Can Railroad Workers File Asbestos-Exposure Claims?
Tens of thousands of Americans have perished as a result of asbestos exposure in the past. More than 70% of all occupational cancer deaths resulted from hazards present in the job itself.
Railway staff are eligible to file an asbestos claim if they contract an asbestos-related illness while they are still working for the company. Railways are one of the places where asbestos has been in use since at least the 19th century. The industry relies on asbestos for its high heat tolerance properties and good insulation.
More often than not, railway personnel who had filled the positions of mechanics conductors, machinists, and maintenance operatives were likely to be subjected to asbestos fibers during the course of their work. Continuous exposure to such fibers is a problem, resulting in asbestos-related illnesses, including mesothelioma, lung cancer, and asbestosis or fibrosis for the victims and their families.
Personal injury lawsuits, wrongful death actions, or actions under FELA laws may be instituted by injured employees or their families.
Let’s look at how railroad asbestos claims work and how these claims can assist railroad workers affected by asbestos-related conditions.
Why Railroad Workers Face Elevated Asbestos Risk
From the 1930s to the beginning of the 1980s, asbestos was used in almost every section of the rail transportation activities. This hazardous material was applied on various products, including insulators of steam locomotives, boilers, pots, pipes, and brakes. Asbestos was also used to coat the floor and even ceiling panels in the trains.
Workers who worked in proximity to or repaired/maintained the machinery were regularly exposed to dust and those fibers. These workers were not given dust masks and they lack awareness of how asbestos can affect their health.
Brigham and Women’s Hospital Department of Medicine carried out a study in 1987, which disclosed the fact that ex-railroad employees who worked with steam engines were rather likely to face the consequences of asbestos exposure in their senior and retirement years. In 2015, the periodical British Medical Journal released an article on the health issues of the railroad workers, where it was noted that individuals working on trains were three to four times more likely to die from mesothelioma compared to the general population.
Occupations with the highest recorded exposure ratios include locomotive engineers, signal maintainers, repair brake technicians, fitters, workshop staff, and trackmen.
Documentation exists for secondary exposure. Family members who laundered work clothing contaminated with asbestos fibers have developed mesothelioma years later from take-home exposure alone. These people were also afforded legal options to file a case under federal law.
How FELA Differs From Standard Workers' Compensation
Most workers who suffer from injuries claim their rights through state workers' compensation schemes. Workers employed in the railway have their claims governed by another set of laws known as the Federal Employers Liability Act (FELA), codified as 45 U.S.C. sections 51-60. FELA was enacted by Congress in 1908 to remove unsafe working conditions in the railways.
The distinction between these two categories holds great importance. The workers' compensation system provides predetermined benefits that have maximum limits. FELA allows claimants to recover all medical expenses, including past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering, without any damage limits.
The jury awards and settlement amounts in FELA mesothelioma lawsuits typically exceed seven-figure sums. One example is a case where the jury determined that Consolidated Rail Corporation had liability for a signal maintainer's lung cancer from asbestos exposure. The case imposed a $2.3 million judgment against the company.
The FELA system requires employees to show that their employers acted negligently. You can have a valid railway asbestos case if train operators were required to foresee asbestos dangers and yet failed to provide necessary safety equipment and warnings.
FELA permits a worker to continue with their case when their actions caused exposure since the system uses comparative negligence to determine damages. Under this system, the final settlement amount will be deducted based on the worker’s share of responsibility.
The Three Main Types of Asbestos Claims Available to Railroad Workers
FELA Personal Injury and Wrongful Death Claims
A worker who receives an asbestos-related lung cancer or mesothelioma diagnosis can pursue a FELA personal injury lawsuit against their railroad employer. Surviving family members can file a FELA wrongful death lawsuit when the worker has passed away. Both require establishing that the railroad's negligence caused or contributed to the exposure.
Asbestos Trust Fund Claims
Numerous companies that produced asbestos-containing railroad materials declared bankruptcy after they faced extensive lawsuits. The courts mandated that these businesses establish asbestos trust funds before they could proceed with their corporate reorganization process. The Mesothelioma Center at Asbestos.com reports that over 60 active trusts currently manage more than $30 billion in funds, which will cover present and upcoming claimants. Railroad workers can file claims with multiple trusts simultaneously.
The total compensation from trust funds for all claims ranges between $300,000 and $400,000, while individual claims depend on two factors: the trust's payment percentage and the severity of the disease.
VA Benefits for Veterans
The Department of Veterans Affairs provides free healthcare and disability benefits to railway employees who served in the military. The government recognizes these conditions as a service-related disability. The FELA lawsuit can be filed together with both VA and trust fund claims without losing eligibility for all available paths.
Filing Deadlines Railroad Workers Must Know
The statute of limitations for FELA claims lasts three years, but asbestos disease cases present difficulties in determining their starting point. The discovery rule establishes that the three-year timeframe starts when a worker receives an asbestos-related diagnosis and understands or should understand how their illness is linked to railway employment.
Workers typically receive a mesothelioma diagnosis after they have spent 20 to 50 years away from their first exposure. The exposure date itself does not trigger the countdown.
Different asbestos trust funds establish different time limits for their specific trust funds. Certain trusts establish their own time restrictions, which exist separately from the FELA statute. The diagnosis timing and claims submission sequence require precise scheduling because these factors create one of the main challenges.
Workers who wait too long after their diagnosis to consult an attorney will lose their ability to access trust funds since these funds have distinct rules to follow.
What Sets Railroad Asbestos Claims Apart From Other Asbestos Litigation
Most asbestos litigation goes through state tort courts when seeking damages from product manufacturers. The FELA negligence action allows railroad workers to file claims against their employing railroad company.
Through this option, railroad employees and their relatives can receive better compensation options than those available to other industrial workers. Workers can simultaneously pursue FELA claims and product liability claims against manufacturers and trust fund claims.
A Diagnosis Decades Later Still Carries Legal Weight
Mesothelioma and asbestosis can develop long after the exposure to asbestos has ended. The time span between exposure and diagnosis causes railroad workers, together with their families, to believe that all legal options have expired.
The three-year FELA statute of limitations begins at diagnosis, not at the last day of employment. Trust funds exist and were established to provide permanent access to those who will use them.
The practical reality is that claims related to railroad asbestos exposure involve multiple legal systems moving at the same time: a FELA negligence action against the railroad, trust fund claims against bankrupt manufacturers, and, in some cases, VA benefits.
Asbestos-exposure victims and their families who act fast after getting a diagnosis, collect evidence about their work record, and find out where they worked and what machines were used will be those best equipped to utilize everything that the law provides.
