When a railroad worker is diagnosed with mesothelioma, the legal and financial consequences can be overwhelming. An experienced railroad attorney understands that this aggressive cancer is almost always linked to long-term asbestos exposure in the workplace. At Shapiro, Washburn & Sharp, our FELA and railroad lawyers represent injured railroad workers and their families nationwide. If you or a loved one has been diagnosed with mesothelioma, it is critical to understand your rights under the Federal Employers’ Liability Act (FELA) and how a railroad may be held accountable for failing to provide a safe work environment.
What Is Mesothelioma?
Mesothelioma is a rare and aggressive cancer caused primarily by asbestos exposure. It typically affects the mesothelium, the protective lining that surrounds the lungs (pleural mesothelioma), the abdomen (peritoneal mesothelioma), the heart, or the testes. According to the American Cancer Society, approximately 3,000 new cases of mesothelioma are diagnosed each year in the United States. While rare, the disease carries a poor prognosis, with many patients facing significant medical challenges and limited life expectancy.
The primary cause of mesothelioma is inhaling or swallowing microscopic asbestos fibers over an extended period. Once inhaled, these fibers can lodge in the lining of the lungs or abdomen, causing inflammation, scarring, and eventually cancer decades later.
The Long Latency Period of Asbestos-Related Cancer
One of the most devastating aspects of mesothelioma is its long latency period. Symptoms often do not appear until 20 to 50 years after initial exposure. Research indicates that the average latency period for men is approximately 40 to 50 years, and for women it may extend beyond 50 years. This means many railroad workers are diagnosed long after retirement, when they least expect a life-threatening illness tied to their former employment.
Because of this delayed onset, many victims do not immediately connect their diagnosis to workplace asbestos exposure. Consulting with a knowledgeable railroad attorney is essential to determine whether occupational exposure contributed to the disease.
Occupational Asbestos Exposure and Family Risk
Workplace exposure remains the most common source of asbestos-related mesothelioma. For decades, industries including railroads, shipyards, construction, and manufacturing relied heavily on asbestos because of its heat-resistant and insulating properties.
Tragically, family members were often exposed as well. Asbestos fibers traveled home on workers’ hair, clothing, tools, and even lunch containers. Secondary or household exposure has been documented in numerous mesothelioma cases, placing spouses and children at risk.
Although the dangers of asbestos were known as early as the mid-20th century, many corporations continued to use asbestos-containing materials without adequate warnings or protective measures. Regulatory reforms and union advocacy eventually led to stricter controls, but for many railroad workers, those protections came too late.
Why Railroad Workers Face Elevated Risk
The railroad industry is one of the sectors historically associated with significant asbestos exposure. Locomotives, railcars, brake systems, insulation materials, gaskets, pipe coverings, and engine components frequently contained asbestos. Carmen, engineers, conductors, machinists, boilermakers, and track maintenance personnel may have worked in environments where asbestos dust was released during repairs or maintenance.
Before asbestos removal and safety regulations were widely enforced, some railroad workers experienced decades of cumulative exposure. This prolonged exposure dramatically increases the risk of developing mesothelioma and other asbestos-related diseases such as asbestosis and lung cancer.
How FELA Protects Railroad Workers with Mesothelioma
Unlike most employees who are covered by state workers’ compensation systems, railroad workers are protected under the Federal Employers’ Liability Act. Enacted in 1908, FELA is a federal law that provides railroad employees with a legal remedy when they are injured or develop occupational illnesses caused by their employer’s negligence.
FELA is the exclusive remedy for railroad workers seeking compensation from their railroad employer. It covers accidents, diseases, and illnesses that arise from railroad employment. To recover under FELA, a worker or surviving family member must prove that the railroad’s negligence played some role in causing the illness. This may include failing to provide a safe work environment, failing to warn about asbestos hazards, or failing to implement proper safety measures.
Unlike workers’ compensation, FELA allows recovery for pain and suffering, emotional distress, loss of enjoyment of life, and full wage loss in addition to medical expenses.
Filing a FELA Claim for Mesothelioma
Filing a FELA claim for mesothelioma involves initiating a civil lawsuit against the railroad employer. The statute of limitations under FELA is generally three years from the date the worker knew or reasonably should have known that the illness was related to railroad employment. Because mesothelioma has a long latency period, determining this date often requires careful legal analysis.
In wrongful death cases, surviving family members may pursue compensation for loss of financial support, funeral expenses, and loss of companionship. These cases often involve complex medical and occupational evidence, including expert testimony linking asbestos exposure to the cancer diagnosis.
Our attorneys have represented families of railroad workers who lost their lives to mesothelioma and other asbestos-related diseases. We work with medical specialists, occupational experts, and industrial hygienists to build strong FELA cases.
Compensation Available in Mesothelioma FELA Cases
Mesothelioma cases can involve substantial damages due to the severity of the illness. Compensation may include past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and wrongful death damages. Because treatment for mesothelioma often involves surgery, chemotherapy, immunotherapy, and palliative care, medical costs can be significant.
FELA operates under a comparative negligence standard, meaning that if the railroad’s negligence contributed in any way to the illness, liability may attach.
Frequently Asked Questions About Mesothelioma and FELA Claims
What causes mesothelioma in railroad workers?
Mesothelioma is primarily caused by long-term exposure to airborne asbestos fibers. Railroad workers may have been exposed to asbestos through insulation, brake components, gaskets, and other asbestos-containing materials used in rail equipment.
How long after exposure can mesothelioma develop?
Symptoms may not appear for 20 to 50 years after exposure. This long latency period often results in diagnoses long after retirement.
Can family members file a claim?
Yes. If a railroad worker dies from mesothelioma, surviving family members may file a wrongful death claim under FELA.
How long do I have to file a FELA claim?
Generally, you have three years from the date you knew or should have known that the illness was related to railroad employment. Consulting a railroad attorney promptly is essential.
Does your firm handle cases outside Virginia?
Yes. Shapiro, Washburn & Sharp handles FELA and railroad injury cases nationwide.
Contact Shapiro, Washburn & Sharp for a Free Mesothelioma Case Evaluation
If you or a loved one has been diagnosed with mesothelioma and has a history of railroad employment, do not delay in seeking legal advice. These cases require experienced legal representation and a thorough understanding of FELA. The railroad attorneys at Shapiro, Washburn & Sharp have decades of experience representing injured railroad workers and their families across the country. Our firm handles FELA and railroad injury cases nationwide and works on a contingency fee basis, meaning you pay no legal fee unless we recover compensation for you. Contact Shapiro, Washburn & Sharp today for a free case evaluation with a FELA and railroad lawyer and learn what legal options may be available to you.