I’m a Retired Railroader With Cancer. Do I have a claim?

Thousands of retired railroaders have been diagnosed with asbestos-related cancers. What’s more tragic: It could’ve been prevented. As early as the 1930s, asbestos-product manufacturers knew asbestos was a hazardous material but continued to sell and market these products through the 1970s, and even later. Many of these asbestos-containing products such as brake shoes and pipe

Malignant vs. Non-Malignant Claims

What’s the difference? Many of our clients ask what is the difference between a “malignant” claim and a “non-malignant” claim.  Non-malignant claims are claims that are based solely on the diagnosis of asbestosis.  Asbestosis is a process of lung tissue scarring caused by asbestos fibers. There is no cancer present and therefore the condition is referred to as non-malignant.  Generally, non-malignant
Image of an old, rusted caboose sitting in a yard. The Caboose was one of the places asbestos-containing material lurked.

Asbestos on Cabooses

The railroad industry has a long history of using asbestos-containing materials, despite industry knowledge going back to the 1930s that asbestos was capable of causing disease and even death in their workers. Unfortunately, one of the symbolic images of the railroad industry, the Caboose, was also one of the places asbestos-containing material lurked. Documents obtained
Image of a doctor examining a lung radiography. Doctor is searching for signs of lung cancer caused by asbestos.

Asbestos and Cancer – The “Separate Disease” Rule

Many of our clients who have been diagnosed with asbestosis, a noncancerous scarring of the lungs, ask, “If I get cancer can I pursue another claim?”. The short answer is “Yes, if the cancer is asbestos-related.” In 2003, the Supreme Court of the United States, in Norfolk & Western Railway Co. v. Ayers, held that