For generations, railroad workers performed demanding jobs around locomotives, railcars, railroad shops, yards, terminals, and maintenance facilities. During much of the 20th century, asbestos-containing materials were used in a variety of railroad equipment and building materials.
For some former railroad workers, the connection between that work and an asbestos-related illness may not become apparent until decades later.
If you worked for a railroad and have been diagnosed with mesothelioma, lung cancer, asbestosis, or another condition associated with asbestos exposure, you may be wondering whether your railroad employment is relevant to a potential legal claim.
Understanding Railroad Asbestos Claims begins with understanding your work history, the nature of your occupational exposure, your medical diagnosis, and the federal laws that may apply.
Every case is different, and the specific facts of your employment and medical history matter.
What Are Railroad Asbestos Claims?
Railroad asbestos claims generally involve legal claims arising from asbestos exposure connected to railroad employment.
These cases can involve several different issues, including:
- Railroad employment history
- Occupational asbestos exposure
- Specific railroad jobs and duties
- Locomotives and equipment
- Railroad shops and yards
- Medical diagnosis
- Historical evidence
- Federal railroad law
- Potential asbestos trust claims
- Applicable filing deadlines
A railroad worker does not necessarily need to remember every detail of an employment history before speaking with an attorney.
Old railroad jobs may have occurred decades ago.
Records may be difficult to locate.
Equipment may no longer exist.
Coworkers may have retired or passed away.
An experienced railroad asbestos attorney can investigate the available evidence and determine what information may be relevant to a potential claim.
Where Was Asbestos Used in the Railroad Industry?
Asbestos was historically valued for its resistance to heat, fire, and friction.
That made asbestos-containing materials useful in many industrial applications.
Railroad workers could encounter asbestos in or around equipment such as:
- Locomotive brakes
- Brake linings
- Boilers
- Fireboxes
- Pipe insulation
- Gaskets
- Electrical components
- Floor materials
- Wall materials
- Railroad shop equipment
- Steam equipment
- Railcars
The CDC maintains historical occupational research documenting asbestos exposure among railroad workers. Research involving railroad workers found evidence of asbestos-related occupational exposure and disease among workers from the steam-era railway industry. (stacks.cdc.gov)
The exact exposure experienced by an individual worker depends on the job, equipment, location, time period, and work activities.
Which Railroad Workers May Have Encountered Asbestos?
Asbestos exposure was not limited to one railroad occupation.
Depending on the railroad and time period, workers who may have encountered asbestos-containing materials included:
- Locomotive engineers
- Firemen
- Conductors
- Brakemen
- Mechanics
- Machinists
- Boilermakers
- Carman
- Pipefitters
- Electricians
- Sheet-metal workers
- Repair workers
- Shop workers
- Yard workers
- Maintenance workers
- Laborers
The important question is not simply what job title a worker held.
It is what the worker actually did.
Someone who regularly repaired brakes, worked around locomotive insulation, entered railroad shops, or handled equipment containing asbestos may have had different exposure circumstances from someone performing an unrelated railroad job.
Asbestos Exposure Can Be Difficult to Remember
One of the challenges in older railroad asbestos cases is that the exposure may have occurred decades ago.
A worker may remember:
“I worked for the railroad for 30 years.”
But may not remember:
- The exact locomotive models
- The manufacturers of individual components
- The names of every railroad shop
- Which products contained asbestos
- Every location where repairs occurred
- The exact dates of individual assignments
That does not necessarily mean the history cannot be investigated.
Employment records, railroad records, historical documents, coworker testimony, product information, medical records, and other evidence may help establish the circumstances surrounding an individual’s occupational exposure.
What Diseases Are Associated With Asbestos Exposure?
According to the CDC’s Agency for Toxic Substances and Disease Registry, disturbing asbestos-containing materials can release microscopic fibers into the air. Breathing those fibers can lead to asbestos-related diseases, including certain cancers and noncancerous conditions. (atsdr.cdc.gov)
Potential asbestos-related conditions include:
Mesothelioma
Mesothelioma is a cancer associated with asbestos exposure.
Asbestosis
Asbestosis is a chronic lung disease caused by inhaling asbestos fibers.
Lung Cancer
Asbestos exposure increases the risk of lung cancer. The CDC also notes that smoking combined with asbestos exposure greatly increases lung-cancer risk. (atsdr.cdc.gov)
A physician—not an attorney—should determine whether a particular illness is asbestos-related.
If you have received an asbestos-related diagnosis, however, your medical records may become important evidence in evaluating a potential legal claim.
Why the Timing of an Illness Can Be Important
Asbestos-related diseases can appear long after the original occupational exposure.
That can make it difficult for former railroad workers to immediately connect a diagnosis with a job they held decades earlier.
Historical NIOSH material involving railroad workers describes long latency periods between asbestos exposure and the development of asbestos-related disease. (stacks.cdc.gov)
This is one reason an older railroad employment history should not automatically be dismissed simply because the exposure occurred many years ago.
If you have received an asbestos-related diagnosis and previously worked for a railroad, it can be worthwhile to have the circumstances evaluated by an attorney familiar with railroad asbestos claims.
How Does FELA Apply to Railroad Asbestos Claims?
The Federal Employers’ Liability Act, commonly called FELA, is a federal law governing certain claims involving railroad employees.
Under 45 U.S.C. § 51, a covered railroad may be liable for an employee’s injury when the injury results in whole or in part from the railroad’s negligence. (law.cornell.edu)
That makes FELA different from a typical state workers’ compensation system.
A railroad asbestos case may involve questions such as:
- Whether the worker was covered by FELA
- Where the asbestos exposure occurred
- What the railroad knew or should have known
- Whether the railroad acted negligently
- What medical condition resulted
- What evidence connects the employment to the illness
- What damages may legally be available
These questions require an individual legal evaluation.
FELA Is Not Simply a Standard Workers’ Compensation Claim
Railroad employees have a different federal legal framework than many other workers.
FELA expressly addresses liability for injuries to employees of covered interstate railroads when negligence contributes to the injury. (law.cornell.edu)
The U.S. Supreme Court has also addressed FELA asbestos litigation.
In Norfolk & Western Railway Co. v. Ayers, the Supreme Court considered FELA claims brought by former railroad employees suffering from asbestosis associated with asbestos exposure. (law.cornell.edu)
The case demonstrates why railroad asbestos litigation can involve complicated legal and factual questions.
What Does a Railroad Worker Need to Establish?
The exact requirements depend on the legal theory and facts of the case.
Generally, an attorney evaluating a potential railroad asbestos claim will want to understand:
1. Your Railroad Employment
Which railroad employed you?
When did you work there?
What positions did you hold?
Where did you work?
2. Your Work Activities
What equipment did you maintain?
What materials did you handle?
Were you working around locomotives, brakes, insulation, boilers, pipes, or railroad shops?
3. Your Asbestos Exposure
How did you encounter asbestos?
Was asbestos-containing material being installed, removed, repaired, cut, disturbed, or replaced?
4. Your Medical Diagnosis
What condition have you been diagnosed with?
When was the diagnosis made?
What medical documentation is available?
5. Potential Railroad Negligence
What evidence exists regarding the railroad’s knowledge, workplace conditions, warnings, protective measures, or other circumstances relevant to negligence?
The federal statute specifically makes negligence an important part of FELA liability. (law.cornell.edu)
Your Railroad Work History Can Be Extremely Important
If you are considering a railroad asbestos claim, start gathering the information you remember.
Write down:
- Railroad employer names
- Approximate employment dates
- Job titles
- Railroad yards
- Shops
- Terminals
- Locomotives
- Railcars
- Maintenance duties
- Repair work
- Equipment you handled
- Materials you remember working around
- Coworkers
- Supervisors
- Railroad locations
- Union records
- Retirement records
Do not worry if you cannot remember everything.
Start with what you know.
A detailed conversation with an attorney may help identify additional sources of evidence.
What Documents Should You Gather?
If available, consider gathering copies of:
- Railroad employment records
- Retirement records
- Social Security employment information
- Medical records
- Pathology reports
- Imaging reports
- Doctor’s records
- Union records
- Pay records
- Railroad identification records
- Prior asbestos claim information
- Workers’ compensation records
You do not necessarily need every document before contacting an attorney.
The initial evaluation can help determine what additional information may be useful.
What If You Are a Retired Railroad Worker?
Retirement does not by itself answer whether a person has a potential asbestos claim.
The relevant questions can include when and where the person worked, what exposure occurred, what illness was diagnosed, and which laws and deadlines apply.
Because asbestos-related diseases can develop long after exposure, retired railroad workers may have important historical employment information that should be evaluated.
The website’s existing resources specifically address questions from retired railroad workers concerning asbestos claims. (railroadasbestosclaims.com)
What If You Were Exposed to Asbestos During Multiple Railroad Jobs?
A railroad worker may have encountered asbestos in more than one position during a career.
For example, a person may have worked as a:
- Machinist
- Carman
- Boilermaker
- Pipefitter
- Electrician
- Maintenance worker
- Locomotive mechanic
Each position may have involved different equipment and different potential exposure circumstances.
The legal analysis should therefore look at the worker’s complete employment history rather than focusing on one job title.
Can More Than One Source of Occupational Exposure Matter?
A railroad worker may have encountered asbestos during different jobs or at different railroad locations.
For example, a worker may have:
- Repaired locomotives
- Worked in railroad shops
- Replaced brake components
- Worked around insulation
- Maintained steam equipment
- Performed pipe work
- Handled asbestos-containing materials
The existence of multiple occupational exposures does not automatically determine whether a railroad claim exists.
The specific facts and applicable law must be evaluated.
The Supreme Court’s Norfolk & Western Railway Co. v. Ayers decision involved questions concerning asbestos exposure in the context of FELA litigation. (law.cornell.edu)
Why Historical Evidence Matters
A railroad asbestos claim can involve events that occurred decades ago.
Historical evidence can therefore become particularly important.
Evidence may include:
- Railroad manuals
- Maintenance records
- Equipment records
- Product information
- Railroad safety documents
- Corporate documents
- Historical photographs
- Employment records
- Testimony from former coworkers
- Government research
- Medical records
The purpose of gathering this information is to build an accurate picture of the worker’s employment and exposure history.
What If You Don’t Know Which Product Contained Asbestos?
That is common with older exposure histories.
A worker may know:
“I replaced brake components.”
But may not know the manufacturer or whether the specific component contained asbestos.
That is where investigation can become important.
An attorney may investigate the equipment, railroad, location, time period, job duties, and products involved to determine what evidence exists.
Do not guess about products or exposure.
Tell the attorney what you actually remember.
What If Your Railroad Job Was Decades Ago?
The age of the employment history does not automatically answer whether you have a potential claim.
Asbestos-related diseases can have long latency periods, and historical railroad workers have been the subject of occupational health research. (stacks.cdc.gov)
However, legal deadlines can be complicated and depend on the type of claim and circumstances.
That is why it is important to seek legal advice promptly after an asbestos-related diagnosis rather than assuming that the passage of time eliminates every possible option.
What Should You Do After an Asbestos-Related Diagnosis?
If you previously worked for a railroad and have received an asbestos-related diagnosis, consider taking these steps:
Preserve Your Medical Records
Keep copies of your diagnosis, pathology reports, imaging, treatment records, and physician information.
Write Down Your Work History
Record every railroad employer, job, location, and duty you remember.
Identify Potential Exposure
Write down the equipment and materials you remember working around.
Preserve Employment Documents
Keep retirement records, union records, employment paperwork, and other documents.
Speak With an Experienced Attorney
A lawyer who handles railroad asbestos cases can evaluate whether your work history and medical condition may support a legal claim.
Don’t Wait to Investigate Your Railroad Work History
A common problem with older asbestos cases is that information becomes harder to locate over time.
Former coworkers may become difficult to contact.
Records may be archived.
Memories can fade.
The longer you wait to document your work history, the more difficult certain parts of an investigation may become.
If you have a serious asbestos-related diagnosis and a history of railroad employment, consider having your circumstances reviewed promptly.
How an Attorney Can Evaluate a Railroad Asbestos Claim
An attorney may begin by discussing:
Your employment: Where did you work and for how long?
Your job: What did you actually do?
Your exposure: What asbestos-containing materials or equipment did you encounter?
Your diagnosis: What condition were you diagnosed with?
Your medical history: What documentation supports the diagnosis?
Your timeline: When did exposure occur, and when was the illness diagnosed?
Your potential legal claims: Which federal or other legal avenues may apply?
The attorney can then determine what additional investigation may be necessary.
Railroad Asbestos Claims Are Fact-Specific
There is no single answer that applies to every former railroad worker.
Two employees may have worked for the same railroad but performed completely different jobs.
One may have repaired brakes.
Another may have worked in an office.
One may have had extensive contact with asbestos-containing materials.
Another may have had little or no occupational exposure.
One may have an asbestos-related diagnosis.
Another may not.
Those differences matter.
The appropriate legal analysis depends on the facts of the individual situation.
What Should You Ask a Railroad Asbestos Attorney?
Before hiring an attorney, consider asking:
- How much experience do you have with railroad asbestos cases?
- Do you handle FELA claims?
- Do you investigate historical railroad exposure?
- Do you investigate asbestos trust claims when appropriate?
- What information should I gather?
- How will my employment history be investigated?
- What deadlines may apply?
- How does the initial consultation work?
- How are legal fees handled?
The answers can help you understand the attorney’s experience and how your case would be evaluated.
Why Specialized Experience Can Matter
Railroad asbestos litigation can involve a combination of occupational history, medical evidence, federal railroad law, historical research, and potentially asbestos trust claims.
That is different from handling an ordinary personal injury matter.
An attorney familiar with railroad asbestos claims can understand why details such as a locomotive assignment, railroad shop, brake work, insulation, or maintenance duties may be important.
Railroad Asbestos Claims
If you worked for a railroad and were exposed to asbestos, a serious diagnosis can raise difficult questions about your health, your employment history, and your legal options.
You may not know exactly when you were exposed.
You may not remember every product you handled.
You may have retired decades ago.
You may not know whether FELA, an asbestos trust claim, or another legal avenue applies.
You do not have to answer those questions by yourself.
The first step is gathering the information you do know.
Document your railroad employment.
Write down your job duties.
Preserve your medical records.
Identify the railroad locations where you worked.
Then speak with an attorney who handles railroad asbestos claims about your individual circumstances.
Talk With a Railroad Asbestos Attorney
If you have a history of railroad employment and an asbestos-related diagnosis, Railroad Asbestos Claims provides information and legal resources for evaluating potential claims.
The Occupational Exposure to Asbestos page provides additional information about railroad occupations, asbestos exposure, and potential claims.
You can also visit Railroad Asbestos Claims to learn more and request an evaluation.
Call 800-519-1440 to discuss your railroad work history and potential asbestos claim with Sammons & Berry.
This article provides general legal information and is not legal advice. The availability and value of any claim depend on the specific facts, applicable law, medical evidence, employment history, and potentially applicable filing deadlines. No result is guaranteed.
