Workplace Asbestos Exposure and Railroad Negligence

Mesothelioma is a rare type of asbestos-induced cancer that develops on the linings of various organs, most often in the “pleura,” which is the lining around the lungs. About 3,000 new cases are diagnosed every year, while about 2,500 people die in mesothelioma-related deaths each year.

Railroad workers suffer higher rates of mesothelioma because they were exposed to asbestos in insulation, brakes, building products, cement, and gaskets—all products used throughout the railroad industry. Asbestos is a naturally occurring mineral that is heat-resistant with a high fiber strength. It was used in a wide range of goods for decades, but after it was discovered to cause mesothelioma, its use was limited to commercial and industrial applications and then outlawed for new products.

For railroad workers, settling with or suing their railroad employer under provisions of the Federal Employers Liability Act (FELA) is their primary means of obtaining compensation for on-the-job cancers caused by asbestos.

It can take 15 to 70 years after exposure to asbestos to develop mesothelioma. That can make it difficult for engineers, brakemen, track workers, or other railroad crafts to trace their exposure history when seeking FELA compensation for their injuries. Our Virginia Beach & Norfolk asbestos lawyers are here to help.

We have the information for every railroad company on which of their materials contained asbestos. Our team of railroad worker attorneys published an in-depth guide exploring the connection between asbestos and mesothelioma, in which we also explain your legal rights under the Federal Employers’ Liability Act (FELA).

We will use that data plus information from prior coworkers to track down where your asbestos exposure occurred. We have handled dozens of mesothelioma and asbestos cancer FELA cases. Our firm was founded in 1985 by an injured railroad worker who decided to go to law school and then became a top FELA attorney helping railroad workers. We understand FELA inside and out and know how to help you recover the compensation you deserve.

Asbestos Exposure in the Railroad Industry

As noted above, railroad workers were among the most at-risk workers for asbestos exposure in the 1970s and 1980s because the nation’s railroads refused to substitute safer insulating alternatives for asbestos until lawsuits caused them to finally take action.

In the past, asbestos was used a lot in the construction of locomotives, railcars, and train stations. Workers—including engineers, conductors, track maintenance workers, carmen, shop workers, and more—could be exposed during maintenance, repairs, and routine operations.

Even workers not directly involved in these tasks could inhale asbestos in the dust kicked up by nearby activities. Even if you don’t remember seeing dust or breathing in anything bad, keep in mind that asbestos fibers are minuscule and can’t be seen by the naked eye. Asbestos fibers can also remain airborne for a long period of time.

Years ago, many workers didn’t know about the dangers associated with asbestos, and safety standards were not as strict as they are today. Nevertheless, railroad companies had a duty to protect their employees from known hazards, like carcinogenic airborne asbestos.

Legal Recourse for Railroad Workers

If you have been diagnosed with mesothelioma or a different asbestos-induced cancer and you worked on the railroad in the past, you owe it to yourself to contact our attorneys today. You may not have known that you were exposed to asbestos back then, but if you have mesothelioma now, the odds are high that you were exposed on the job.

How Our Asbestos Lawyers Can Help

Many corporations—particularly large railroad corporations—fight hard against asbestos cancer cases. They try to argue that the connection between asbestos and your time at work on the railroad was too “speculative” and will try to root out any other way you may have been exposed.

At Shapiro, Washburn, & Sharp, we understand that asbestos exposure is, by far, the dominant cause of mesothelioma. Our team knows how to fight against corporate arguments and will highlight the fact that the railroad industry was known to have used asbestos for insulating materials all over engines and even in its yard offices. Corporate records also show that railroad executives were aware of the dangers as early as the 1930s but did little to minimize the risks.

We will conduct a thorough investigation into your prior work history, tapping our data on asbestos-containing products as well as checking records from the railroad company. With our breadth of experience, we’ll be able to pinpoint how the company failed to protect workers, establishing liability and building a strong position from which to negotiate settlements.

Contact us today for a free initial consultation. We will work hard for your rights, as we did for this retired railroad worker’s family after he died following a 5-year battle with lung cancer. The case went to trial, and we helped prove negligence on the part of CSX Transportation, acting on behalf of Louisville & Nashville Railroad, resulting in an $8.6 million jury verdict.

 

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