Railroad Workers

Railroad Workers
FELA claims for locomotive and railcar exposure
Risk Level	Very High
Asbestos Per Locomotive	6,000 lbs
Legal Pathway	FELA (no damage caps)
Conrail Verdict	$2.3 million
Norfolk Southern	$5 million verdict
Peak Exposure Era	1880s-1990s
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Executive Summary

Railroad workers across multiple job classifications—including brakemen, conductors, car repairers, track maintenance workers, yardmasters, signal maintainers, and locomotive engineers—encountered asbestos in brake systems, steam locomotive insulation, and building materials throughout railroad facilities. Car repairers who worked in enclosed railroad shops faced particularly significant exposure, servicing brake systems that contained asbestos friction materials and working on equipment insulated with asbestos-containing materials. The steam locomotive era created intense exposure for workers maintaining boilers, fireboxes, and piping systems insulated with asbestos materials. Even after the transition to diesel locomotives, railroad workers continued encountering asbestos in brake components, building materials at rail facilities, and equipment insulation. According to Danziger & De Llano, railroad workers may have unique legal options including claims under the Federal Employers' Liability Act (FELA), which provides different remedies than standard personal injury litigation.

The railroad industry's nationwide operations exposed workers at facilities across the United States throughout the peak asbestos era. Steam locomotive maintenance required workers to service boilers and fireboxes insulated with asbestos, creating intense exposure in confined locomotive cabs and maintenance shops. Car repairers in railroad shops faced continuous exposure when servicing brake systems on thousands of railcars. Like Automotive Workers who serviced vehicle brakes, railroad workers encountered concentrated asbestos exposure during brake maintenance. Boilermakers who maintained railroad equipment, pipefitters who serviced steam systems, and Insulation Workers who applied and removed insulation created additional exposure throughout rail facilities. Major railroads including Union Pacific, BNSF, Norfolk Southern, and CSX operated facilities where workers were exposed for decades. FELA claims against railroads provide an alternative compensation pathway, while asbestos trust funds hold over $30 billion for workers exposed to specific manufacturers' products.

Key Facts

Key Facts: Railroad Workers & Asbestos Exposure

Asbestos Per Locomotive: Single steam locomotive boiler covered with up to 6,000 pounds of asbestos insulation Legal Advantage: FELA allows full damages with NO CAPS — unlike workers' compensation Union Pacific Documents: 90% of aerial cable contained asbestos; no formal abatement until 1990s Norfolk Southern Verdict: $5 million for carman exposed to brake shoes and pipe insulation (1979-1990) Conrail Verdict: $2.3 million for signal maintainer who drilled asbestos signal boxes for 38 years Carmen Exposure: Norfolk Southern carmen handled up to 100 asbestos brake shoes in a single day Diesel Era Continued: Diesel locomotives used asbestos in brakes, gaskets, steam generators through 1980s Peak Exposure Era: Steam locomotive era (1880s-1960s); diesel era exposure continued through 1990s Current Employment: 120,399 Class I railroad workers; average tenure 17 years (vs. 3.9 years private sector) Major Railroad Defendants: Union Pacific, BNSF, CSX, Norfolk Southern, Conrail Asbestos Rope: Railroads used 150-foot supplies of "pure asbestos rope" for rail heating Signal Infrastructure: Asbestos in transite signal houses, signal cement, and 90% of aerial cable

What Is FELA and Why Does It Matter?

As Mesothelioma Lawyer Center documents, the Federal Employers Liability Act (FELA), enacted in 1908, provides railroad workers with a uniquely advantageous compensation pathway that differs fundamentally from state workers' compensation systems.

FELA Advantages Over Workers' Compensation:

Factor	FELA (Railroad)	Workers' Comp (Other Industries)
Damage Caps	NO CAPS — Full recovery available	Often capped by state law
Pain & Suffering	Fully recoverable	Usually excluded or limited
Lost Wages	Full economic damages	Typically 66% of wages
Punitive Damages	Available in egregious cases	Rarely available
Burden of Proof	Must prove employer negligence	No-fault system

To Recover Under FELA, Workers Must Prove:

1. The railroad employer was negligent
2. The negligence caused or contributed to the injury
3. The injury occurred during the course of employment

Comparative Negligence:

FELA applies comparative negligence principles, meaning recovery can be reduced if the worker's own negligence contributed to exposure. As documented by Danziger & De Llano, in the Norfolk Southern case, the jury found the worker's cigarette smoking contributed to his pulmonary fibrosis and applied 80% contributory negligence, reducing the $5 million verdict to a $1 million net award.

"FELA cases require proving the railroad knew or should have known about asbestos hazards and failed to protect workers. Internal documents—like Union Pacific's admission they had no formal abatement program until the 1990s despite knowing about dangers since 1958—are powerful evidence. These cases can result in full compensation without the damage caps that limit recovery in other industries."

— Rod De Llano, Founding Partner, Danziger & De Llano

Where Did Railroad Workers Encounter Asbestos?

Mesothelioma Lawyer Center's historical analysis indicates that Asbestos permeated virtually every aspect of railroad operations from the 1880s through the 1990s.

Steam Locomotive Applications (Primary Exposure):

Steam locomotives required massive amounts of asbestos insulation:

• Boiler insulation: Up to 6,000 pounds per locomotive
• Steam pipe insulation: Multiple layers throughout
• Firebox refractory: Often contained asbestos
• Cab heating systems: Insulated hot water or steam lines

Diesel Locomotive Applications (1940s-1990s):

The transition to diesel-electric locomotives did NOT eliminate asbestos. Internal Union Pacific documents confirm asbestos use in:

• Pipe insulation on cab heater hot water lines
• Air compressor discharge line insulation
• Brake shoes
• Gaskets throughout the locomotive
• Steam generators (for heating passenger cars)
• Electrical components including arc chutes and dynamic brake cooling grids

Railroad Car Applications:

Brake Systems: Railroad brake shoes contained asbestos for approximately 20 years, with shoes lasting many years after manufacturing ceased. Norfolk Southern carmen at Lambert's Point handled up to 100 asbestos brake shoes in a single day. Pathologists testified that hundreds of thousands of invisible asbestos fibers became airborne during brake servicing.

Passenger Cars:

• Vinyl asbestos floor tiles
• Ceiling and wall insulation
• Steam heating line insulation
• Heat shields around heating equipment

According to Mesothelioma.net's records, Freight Cars:

• Brake assemblies
• Refrigerated car (reefer) insulation
• Tank car heat shields

Railroad Facilities:

Union Pacific documents confirm asbestos in:

• Vinyl floor tile in yards and shops
• Acoustic ceiling tile
• Boilers for facility heating
• Drywall and joint compound
• Transite walls, siding, roofing materials
• Pipe insulation throughout

Signal Infrastructure (Often Overlooked):

A May 27, 1983 Union Pacific Chief Engineer document revealed:

• Transite boards in signal and instrument houses
• Asbestos insulation around ties near switch heaters
• 90% of aerial cable contained asbestos
• Asbestos fiber mixed with signal cement to seal instrument cases

Asbestos Rope for Rail Repair:

A 1978 Union Pacific Instruction Bulletin specified that each section and maintenance gang should maintain 150 feet of one-inch pure asbestos rope. Historical records from Danziger & De Llano show that workers soaked the rope in oil, placed it against rail webs, and ignited it to generate heat for rail adjustment.

Which Railroad Jobs Had Highest Exposure?

According to Mesothelioma Lawyer Center, Multiple crafts within the railroad industry faced significant asbestos exposure, with some jobs presenting extreme risk.

Highest-Risk Occupations:

Boilermakers in Railroad Shops: Boilermakers performed the most hazardous railroad asbestos work, removing and replacing 6,000 pounds of insulation per steam locomotive boiler. This work involved:

• Stripping deteriorated, friable insulation
• Working in confined roundhouse environments
• Exposure to massive fiber releases during removal

Carmen (Car Repair Workers): Carmen maintained and repaired railroad cars, with particular exposure during brake servicing. The Norfolk Southern case documented carmen handling up to 100 asbestos brake shoes daily, with hundreds of thousands of fibers becoming airborne.

Pipefitters and Steamfitters: Workers maintaining steam and hot water systems handled asbestos pipe insulation regularly. A pipefitter who worked 1943-1954 settled for $1.7 million after duties included applying and removing asbestos from boilers and pipes in locomotive shops.

Signal Maintainers: Signal workers maintained wayside signals containing asbestos transite panels. Conrail signal maintainer Kevin Howell, who developed lung cancer after 38 years drilling holes in asbestos signal boxes, won a $2.3 million verdict.

Electricians: Electrical maintenance workers encountered asbestos in locomotive arc chutes, dynamic brake cooling grids, building electrical systems, and signal equipment.

Locomotive Engineers and Firemen (Steam Era): Operating crews of steam locomotives worked in cabs surrounded by asbestos-insulated boilers and steam pipes, experiencing chronic low-level exposure from degraded insulation.

Machinists: Machine shop workers fabricated locomotive and car components in shop environments contaminated by concurrent boiler work, pipe fitting, and other asbestos activities.

As Danziger & De Llano notes, Track Workers: Section gangs and maintenance-of-way workers experienced exposure through asbestos rope used for rail heating and asbestos gloves worn for protection from hot surfaces.

⚠ Long Tenure = High Cumulative Exposure: Railroad workers have an average tenure of 17 years—far exceeding the private sector average of 3.9 years. This extended employment means decades of cumulative asbestos exposure and increased disease risk.

What Legal Actions Have Railroad Workers Won?

Legal analysis by Mesothelioma Lawyer Center indicates that FELA lawsuits have produced significant verdicts for railroad workers with asbestos-related diseases.

Notable FELA Verdicts:

Norfolk Southern — $5 Million Verdict: Stephen Fowlkes worked as a carman at Norfolk Southern's Lambert's Point facility from 1979 to 1990. His duties exposed him to:

• Up to 100 asbestos-containing brake shoes daily
• Pipe insulation throughout the facility
• Hundreds of thousands of airborne fibers during brake servicing

The jury awarded $5 million (reduced to $1 million net after 80% contributory negligence for smoking). Pathologists testified about the massive fiber exposure during daily brake work.

Conrail — $2.3 Million Verdict: Kevin Howell worked 38 years for Conrail as a signal maintainer, regularly drilling holes in asbestos signal boxes located alongside railroad tracks. Despite being a former smoker, the jury found Conrail liable for $2.3 million for his lung cancer.

Pipefitter Settlement — $1.7 Million: A pipefitter who worked 1943-1954 settled for $1.7 million. His duties included applying and removing asbestos from boilers and pipes in shops where asbestos was applied to steam locomotives.

Additional Railroad Litigation:

According to Mesothelioma Lawyer Center's legal review, * Union Pacific has faced multiple FELA claims based on internal documents showing knowledge of hazards

• BNSF Railway has inherited asbestos liabilities from predecessor railroads
• CSX Transportation absorbed liabilities from Baltimore & Ohio, Chesapeake & Ohio, and other merged railroads

"Internal railroad documents are often key to these cases. Union Pacific documents show they knew about asbestos cancer hazards in 1958 but didn't implement formal abatement until the 1990s. When we can demonstrate a railroad knew about the dangers and failed to protect workers, FELA allows full recovery without the damage caps that limit compensation in other industries."

— Paul Danziger, Founding Partner, Danziger & De Llano

Which Railroad Companies Face Liability?

As reported by Mesothelioma Lawyer Center, Major railroad corporations have faced FELA claims and continue to face potential liability for asbestos exposure.

Major Railroad Defendants:

Union Pacific Railroad: Internal documents confirm:

• Asbestos widely used in locomotives from 1950s through 1980s
• No formal abatement program until 1990s
• 90% of aerial cable contained asbestos
• Asbestos rope used for rail repair
• Knowledge of cancer hazards since 1958

Norfolk Southern: The $5 million Fowlkes verdict documents extensive exposure at Lambert's Point facility. Carmen handled up to 100 asbestos brake shoes daily with no protective measures.

Consolidated Rail Corporation (Conrail): The $2.3 million Howell verdict demonstrates liability for signal maintainer exposure to asbestos signal boxes over 38 years.

BNSF Railway: Formed through mergers of Burlington Northern, Santa Fe, and predecessor companies, BNSF inherited asbestos liabilities from multiple historic railroads.

CSX Transportation: Created through consolidation of Chessie System and Seaboard Coast Line, CSX absorbed liabilities from Baltimore & Ohio, Chesapeake & Ohio, and other railroads.

Asbestos Product Manufacturers:

Danziger & De Llano states that Railroad workers may also file claims against:

• Locomotive builders (GE, EMD, ALCO)
• Brake shoe manufacturers (Cobra, Comet, Anchor)
• Insulation manufacturers
• Gasket and seal manufacturers

Can Railroad Workers Also File Trust Fund Claims?

Yes. As Danziger & De Llano explains, in addition to FELA claims against railroad companies, workers exposed to asbestos products from bankrupt manufacturers can file trust fund claims.

Potentially Applicable Trust Funds:

Trust Fund	Railroad Connection
Johns-Manville Trust	Transite panels, insulation products
Owens Corning Trust	Insulation materials
Armstrong World Industries	Floor tiles in passenger cars
Garlock Trust	Gaskets and seals
Pittsburgh Corning Trust	Block insulation

Dual Recovery Potential:

Railroad workers may be able to recover from BOTH:

• FELA claims against the railroad employer (proving negligence)
• Trust fund claims against bankrupt product manufacturers

Per Danziger & De Llano, an experienced mesothelioma attorney can identify all applicable claims and maximize total recovery.

✓ FELA Advantage: Unlike workers' compensation, FELA has no damage caps and allows recovery of full economic and non-economic damages including pain and suffering. Railroad workers diagnosed with mesothelioma should contact an attorney experienced in both FELA litigation and asbestos trust fund claims.

How Can Railroad Workers Get Help?

Danziger & De Llano's legal documentation shows that If you or a family member worked for a railroad and has been diagnosed with mesothelioma or another asbestos-related disease, you may have valuable legal claims under FELA and through asbestos trust funds.

ℹ Important Time Limits: FELA claims have specific statutes of limitations that vary by state. Time limits typically begin running from the date of diagnosis or discovery of the disease. Contact an experienced railroad mesothelioma attorney promptly to protect your rights.

What to Do Next:

1. Gather Employment Records: Collect documentation of your railroad employment including Railroad Retirement Board records, union records, and employment history
2. Document Your Work: Note which crafts you worked (carmen, pipefitter, boilermaker, signal maintainer, etc.) and which facilities
3. Identify Asbestos Exposure: Document exposure to locomotive insulation, brake shoes, signal boxes, or other asbestos-containing materials
4. Obtain Medical Records: Get documentation of your diagnosis and any connection to asbestos exposure
5. Contact FELA-Experienced Attorneys: Mesothelioma attorneys experienced in FELA litigation can evaluate both railroad claims and trust fund claims

✓ Free Case Evaluation — Railroad workers have unique legal rights under FELA that provide advantages not available to workers in other industries. FELA verdicts have reached $5 million with no damage caps. Call (866) 222-9990 for a free, confidential consultation about your railroad asbestos exposure.