For many former railroad workers, an asbestos-related diagnosis can raise important questions that are difficult to answer alone.
A person may have worked around locomotives, railcars, repair shops, roundhouses, maintenance facilities, boilers, insulation, brake components, gaskets, or other materials decades ago. Years later, a diagnosis of mesothelioma, lung cancer, asbestosis, or another asbestos-related condition can lead to questions about whether that occupational exposure may be connected to the illness.
This is where Railroad Asbestos Claims Attorneys can help investigate the facts.
Sammons & Berry, P.C. represents railroad workers in asbestos-related claims and evaluates issues involving railroad employment, occupational exposure, FELA, asbestos trust claims, medical evidence, and potential compensation.
Why Railroad Asbestos Claims Can Be Complicated
Railroad asbestos cases may involve events that occurred many years or even decades ago.
A former railroad worker may remember the railroad and job they worked for but not remember every product, manufacturer, or piece of equipment encountered during employment.
Historical investigation can therefore be important.
A potential claim may require looking at:
- Railroad employment history
- Job duties
- Railroad work locations
- Locomotives and railcars
- Repair and maintenance activities
- Asbestos-containing materials
- Medical records
- Exposure history
- Coworker information
- Historical documents
- Applicable federal law
- Potential asbestos trust claims
- Filing deadlines
The details of each person’s situation are different, which is why an individualized evaluation is important.
When Should a Railroad Worker Contact an Attorney?
There is no need to wait until every employment record has been located before asking questions about a potential claim.
A former railroad worker may want to speak with an attorney after receiving a diagnosis that could be associated with asbestos exposure.
Potentially relevant diagnoses can include:
- Mesothelioma
- Asbestos-related lung cancer
- Asbestosis
- Pleural disease
- Other conditions that a medical professional associates with asbestos exposure
A railroad worker who believes they were exposed to asbestos during employment may also want to understand what information should be preserved for evaluating a potential claim.
What Railroad Jobs Could Have Involved Asbestos?
Historically, asbestos-containing materials were used in numerous railroad applications.
Workers who may have encountered asbestos-containing materials included:
- Locomotive engineers
- Firemen
- Conductors
- Brakemen
- Carmen
- Machinists
- Electricians
- Boilermakers
- Pipefitters
- Mechanics
- Maintenance workers
- Shop workers
- Railroad inspectors
The type and extent of exposure can depend heavily on the individual’s actual job duties and work environment.
For example, someone who repaired locomotive components may have encountered different materials from someone who worked primarily in another part of a railroad facility.
Asbestos in Locomotives and Railroad Equipment
Historical railroad equipment could contain asbestos-containing materials.
These materials could include insulation, gaskets, brake and clutch components, pipe coverings, fireproofing materials, floor tile, and other products.
Understanding what equipment was present during a worker’s employment can therefore be an important part of an investigation.
Railroad workers may have encountered asbestos while performing maintenance, repairing equipment, replacing components, or working in facilities where asbestos-containing materials were present.
Why the Date of Exposure Matters
Asbestos-related diseases can have long latency periods.
The Agency for Toxic Substances and Disease Registry explains that asbestos exposure can cause serious diseases including mesothelioma, lung cancer, and asbestosis. Some asbestos-related diseases may not become apparent until many years after exposure.
That means a railroad worker may have left the industry decades ago before receiving an asbestos-related diagnosis.
The amount of time between exposure and diagnosis does not by itself answer whether a legal claim exists.
An attorney must consider the individual facts, applicable law, and available evidence.
What Is FELA?
The Federal Employers’ Liability Act, commonly called FELA, is a federal law that provides certain railroad employees with a cause of action for injuries resulting in whole or in part from their railroad employer’s negligence.
FELA differs from ordinary state workers’ compensation systems.
Potential FELA issues can include:
- Railroad employment
- Occupational exposure
- Employer negligence
- Causation
- Medical evidence
- Damages
- Statutes of limitations
The application of FELA depends on the specific facts of a case.
The Federal Employers’ Liability Act legal information provides the federal statutory text through Cornell Law School’s Legal Information Institute.
What Evidence Can Railroad Asbestos Attorneys Investigate?
A strong investigation may begin with information the railroad worker already has.
Useful documents and information can include:
Employment Records
Keep copies of employment records, pension information, retirement documents, union records, and other evidence showing where and when you worked.
Medical Records
Medical records can help document the diagnosis and treatment history.
Important records may include:
- Pathology reports
- Imaging
- Physician records
- Hospital records
- Oncology records
- Pulmonary records
- Treatment records
Work History
Write down:
- Railroad employers
- Job titles
- Years of employment
- Railroad yards
- Repair shops
- Terminals
- Roundhouses
- Locomotives
- Railcars
- Maintenance activities
Even approximate information can provide a starting point for additional investigation.
Coworker Information
Former coworkers may remember work conditions, equipment, products, or maintenance practices that you do not remember in detail.
Their information may help attorneys investigate historical exposure.
What If You Do Not Remember the Asbestos Product?
That is common in older occupational exposure cases.
A railroad worker may remember replacing brakes, working around insulation, repairing locomotives, or performing maintenance without remembering the name of the company that manufactured the material.
The absence of a product name does not necessarily mean that an investigation cannot begin.
Attorneys can use employment history, work locations, equipment information, historical records, witness information, and other evidence to investigate potential exposure sources.
What About Asbestos Trust Claims?
Some companies associated with asbestos-containing products established bankruptcy trusts to address asbestos-related claims.
Depending on the circumstances, a railroad worker with an asbestos-related disease may have potential claims involving one or more trusts.
Trust requirements differ.
Potentially relevant information can include:
- Employment history
- Work locations
- Product exposure
- Exposure dates
- Medical diagnosis
- Supporting documentation
A railroad worker should not assume that they qualify for a particular trust without reviewing the applicable requirements.
Why Medical Evidence Matters
An asbestos claim involves more than a work history.
Medical evidence can be an important component of the investigation.
A railroad worker diagnosed with mesothelioma, lung cancer, asbestosis, or another asbestos-related condition should preserve medical documentation and discuss their occupational history with their healthcare providers.
Medical evidence may help establish the diagnosis and provide information relevant to evaluating the potential relationship between the disease and occupational exposure.
Do Not Assume Retirement Ends Your Legal Options
Many railroad workers who were exposed to asbestos have been retired for years.
A long period between employment and diagnosis is not unusual with asbestos-related disease.
For that reason, a retired railroad worker should not automatically assume that retirement eliminates the possibility of a legal claim.
The relevant questions include when and where the exposure occurred, what disease developed, what evidence exists, and what legal deadlines apply.
Why Acting Promptly Can Matter
Historical evidence can become harder to locate as time passes.
Former coworkers may move, employment records may be difficult to obtain, and memories can become less precise.
Filing deadlines may also apply.
If you have received an asbestos-related diagnosis and railroad employment may have involved exposure, obtaining legal information promptly can help preserve evidence and allow the applicable deadlines to be evaluated.
What Should You Bring to an Initial Consultation?
You do not need to have a complete case file before contacting a law firm.
If available, consider gathering:
- Railroad employment records
- Pension documents
- Union information
- Medical records
- Pathology reports
- Imaging
- Diagnosis information
- Railroad photographs
- Old work documents
- Names of coworkers
- Information about railroad shops and yards
If you do not have these documents, do not let that stop you from asking about your situation.
An attorney can explain what information may be needed and what records may be possible to obtain.
Request a Railroad Asbestos Claim Evaluation
If you are a former railroad worker who has developed an asbestos-related disease, the next step may be learning whether your employment and exposure history support further investigation.
Sammons & Berry provides a Railroad Asbestos Claims Evaluation Form for railroad workers seeking information about a potential asbestos claim.
Providing information about your employment, exposure, diagnosis, and other relevant circumstances can help the legal team determine what additional information may be needed.
Railroad Asbestos Claims Attorneys
Choosing an attorney for a railroad asbestos matter involves more than finding a lawyer who handles general personal injury cases.
These claims can involve historical railroad employment, asbestos exposure, medical evidence, federal railroad law, asbestos bankruptcy trusts, and potentially complicated filing requirements.
A firm experienced in these matters can investigate the circumstances surrounding your employment and exposure and explain the legal options that may apply.
Sammons & Berry, P.C. represents railroad workers in asbestos-related claims.
Questions to Ask Railroad Asbestos Claims Attorneys
Before choosing legal representation, consider asking:
- Does the firm handle railroad asbestos claims?
- Does the firm understand FELA?
- Does the firm investigate historical railroad exposure?
- Does the firm handle asbestos trust claims?
- How will the firm investigate my employment history?
- What medical documentation will be needed?
- What filing deadlines may apply?
- How will the legal process work?
- Who will be handling my case?
Understanding how the firm approaches these questions can help you determine whether its experience matches your circumstances.
What Happens After You Contact an Attorney?
The process can vary from case to case.
An initial evaluation may involve discussing:
- The railroad where you worked.
- Your job duties.
- Employment dates.
- Work locations.
- Potential asbestos exposure.
- Medical diagnosis.
- Treatment history.
- Available employment records.
- Potential witnesses.
- Applicable legal deadlines.
The attorney can then explain what additional investigation may be appropriate.
Railroad Asbestos Claims Attorneys for Railroad Workers
A railroad worker who spent years around asbestos may not have known the risks at the time.
Decades later, an asbestos-related diagnosis can create serious questions about health, finances, employment history, and legal rights.
The first step is understanding the facts.
If you worked for a railroad and were exposed to asbestos, consider gathering your available employment and medical information and seeking an individualized legal evaluation.
Sammons & Berry, P.C. represents railroad workers in asbestos-related claims.
Call 800-519-1440 or submit the railroad asbestos claims form to request a confidential evaluation.
This article is for general informational purposes and is not legal or medical advice. Whether a person has a viable claim depends on the individual facts, applicable law, medical evidence, employment history, exposure history, and filing deadlines. Prior results do not guarantee a similar outcome.