Railroad Workers

Railroad Workers
FELA claims for locomotive and railcar exposure
Risk Level	Very High
Legal Pathway	FELA (no damage caps)
Conrail Verdict	$2.3 million
Norfolk Southern	$5 million verdict, reduced to $1 million net

Executive Summary

Because asbestos was used in so many railroad applications, almost anybody who worked with the railroad was at risk of exposure, including engineers, conductors, brakemen, firemen, section crews, car workers, trackmen, pipefitters, electricians and signalmen. Car repairers serviced asbestos-containing brake shoes; one Norfolk Southern carman who worked at the Lambert's Point car repair shop from 1979 to 1990 also claimed exposure to pipe insulation in the shop. Train cars of the late 19th and early 20th centuries were insulated with asbestos, and its use accelerated dramatically at the same time that diesel locomotives began replacing steam locomotives. Injured railroad workers may also have a claim under the Federal Employers' Liability Act (FELA), which makes a railroad liable for an employee's injury or death resulting in whole or in part from its negligence.

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 $16.0-$21.8 billion (moving target) for workers exposed to specific manufacturers' products.

Railroad Workers and Asbestos Exposure: At-a-Glance

• Asbestos-insulated rolling stock — Train cars of the late 19th and early 20th century were insulated with asbestos
• FELA eliminates damage caps — Unlike workers' compensation, the Federal Employers' Liability Act allows railroad workers to recover full economic damages and pain and suffering with no statutory limits
• Diesel transition did not end exposure — Asbestos use accelerated as diesel locomotives replaced steam, and workers who built, maintained or repaired locomotives and other equipment were at risk from asbestos in clutches, brake systems, tiles and passenger-car insulation
• Signal boxes built with asbestos — A Conrail signal maintainer testified that the trackside signal boxes he maintained were constructed using asbestos and that he frequently drilled holes in them
• Median railroad tenure is almost 14 years — According to the Association of American Railroads
• $5 million FELA verdict, $1 million net — A Norfolk Southern rail car serviceman exposed to brake shoes and pipe insulation from 1979 to 1990 won a $5 million verdict, reduced to $1 million net by an 80% contributory-fault finding
• $2.3 million Conrail award upheld — Conrail lost its appeal of a $2.3 million asbestos award to a signal maintainer with lung cancer
• Railroads warned in 1958 — At a 1958 meeting, Union Pacific medical officers were warned that "there is very good proof that asbestos is a cause of carcinoma"
• Trust funds hold $16.0-$21.8 billion (moving target) — Railroad workers can file claims against 54 active asbestos trust funds in addition to FELA lawsuits, potentially recovering from multiple sources simultaneously

Key Facts

Metric	Finding
FELA damage caps	None — railroad workers recover full economic damages and pain and suffering without statutory limits — 45 U.S.C. § 51
Norfolk Southern jury verdict	$5 million, reduced to $1 million net, for rail car serviceman Stephen Fowlkes exposed to brake shoes and pipe insulation at Lambert's Point, 1979-1990 — Virginia Lawyers Weekly
Conrail jury verdict	$2.3 million for signal maintainer Kevin Howell, upheld on appeal — Bloomberg Law
Peak exposure era	Train cars of the late 19th and early 20th century were insulated with asbestos, and its use accelerated as diesel locomotives replaced steam — Mesothelioma.net railroad review
Railroad tenure	Median tenure of railroad employees is almost 14 years — Association of American Railroads
Railroads named in FELA asbestos litigation	Union Pacific, CSX, Norfolk Southern, Conrail, and BNSF have each faced individual FELA asbestos claims or verdicts
Trust fund availability	$16.09 Billion or more (documented, Oct 2026) in 54 active asbestos trust funds available to railroad workers exposed to products from bankrupt manufacturers — Danziger & De Llano trust fund guide

What Is FELA and Why Does It Matter?

The Federal Employers' Liability Act (FELA), enacted in 1908, gives injured railroad workers a negligence-based claim against their employer that differs 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	Partial wage replacement set by state law
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. In the Norfolk Southern case, the jury applied an 80% contributory-fault finding, 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 [...] 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?

Train cars of the late 19th and early 20th century were insulated with asbestos, and its use accelerated as diesel locomotives replaced steam.

Steam Locomotive Applications (Primary Exposure):

Steam locomotives required massive amounts of asbestos insulation:

• Boiler insulation
• Steam pipe insulation: Multiple layers throughout
• Firebox refractory: Often contained asbestos
• Cab heating systems: Insulated hot water or steam lines

Diesel Locomotive Applications:

The transition to diesel-electric locomotives did not eliminate asbestos. Its use accelerated as diesel locomotives replaced steam, and any worker who built, maintained or repaired locomotives or other railroad equipment was at risk from asbestos in clutches, brake systems, tiles and passenger-car insulation.

Railroad Car Applications:

Brake Systems: Railroad brake shoes were manufactured with asbestos for about 20 years, and their lifespan on railcars extended many years after manufacturing was discontinued in the 1980s. In the Fowlkes trial, the jury considered evidence that hundreds of thousands of invisible asbestos fibers become airborne during brake servicing, when up to 100 asbestos-containing brake shoes were handled in a single day by railroad carmen.

Passenger Cars:

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

Railroad Facilities:

Railroad facilities commonly contained 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

Asbestos Rope for Rail Repair:

Workers who installed the rail lines used and burned asbestos rope to heat the rails so that they could be shaped.

Which Railroad Jobs Had Highest Exposure?

Almost anybody who worked with the railroad was at risk of asbestos exposure, from engineers, conductors and brakemen to section crews, trackmen, pipefitters and car workers.

Highest-Risk Occupations:

Boilermakers in Railroad Shops: Boilermakers performed the most hazardous railroad asbestos work, removing and replacing steam locomotive boiler insulation. 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. In the Norfolk Southern case, the jury considered evidence that carmen handled up to 100 asbestos-containing brake shoes in a single day.

Pipefitters and Steamfitters: Workers maintaining steam and hot water systems handled asbestos pipe insulation regularly.

Signal Maintainers: Signal workers maintained wayside signals containing asbestos transite panels. Conrail signal maintainer Kevin Howell, who worked many of his 38 years at the company maintaining signal boxes constructed using asbestos and frequently drilled holes in them, won a $2.3 million verdict for his lung cancer.

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.

Track Workers: Workers who installed rail lines used asbestos rope to heat the rails, and asbestos gloves and protective clothing were among the asbestos products used on the railroad.

⚠ Long Tenure = High Cumulative Exposure: Railroad employees have a median tenure of almost 14 years. This extended employment means decades of cumulative asbestos exposure and increased disease risk.

What Legal Actions Have Railroad Workers Won?

FELA lawsuits have produced significant verdicts for railroad workers with asbestos-related diseases.

Notable FELA Verdicts:

Norfolk Southern — $5 Million Verdict: Stephen Fowlkes worked at Norfolk Southern's car repair shop at Lambert's Point from 1979 to 1990, often servicing and changing out asbestos-containing brake shoes, and claimed exposure to pipe insulation in the shop. The jury considered evidence that up to 100 asbestos-containing brake shoes were handled in a single day by railroad carmen, and returned a $5 million verdict, reduced to $1 million net by an 80% contributory-fault finding.

Conrail — $2.3 Million Verdict: Kevin Howell worked many of his 38 years at Conrail as a signal maintainer, frequently drilling holes in signal boxes constructed using asbestos alongside railroad tracks. The Ohio Court of Appeals upheld his $2.3 million award for lung cancer, holding that he had shown his asbestos exposure was a substantial contributing factor.

"Internal railroad documents are often key to these cases. Union Pacific documents show they knew about asbestos cancer hazards in 1958 [...]. 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?

Railroad employees have brought FELA asbestos claims against major railroads, including Union Pacific, CSX and Conrail.

Major Railroad Defendants:

Union Pacific Railroad:

• Medical officers were warned at a 1958 meeting that "there is very good proof that asbestos is a cause of carcinoma"

Norfolk Southern: Stephen Fowlkes's estate claimed Norfolk Southern never provided him any warnings and never did any air tests during his career at Lambert's Point; the jury returned a $5 million verdict, reduced to $1 million net.

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: BNSF Railway was formed in 1995 through the merger of Burlington Northern Inc. and Santa Fe Pacific Corporation.

Not every asbestos case against BNSF is a FELA claim by an employee. In Wells v. BNSF Railway Co., the estates of Thomas Wells and Joyce Walder, former residents of Libby, Montana who developed mesothelioma, sued BNSF over its transportation of asbestos-containing vermiculite. After a ten-day trial, the jury found for BNSF on the negligence claims and awarded no punitive damages, but found for the estates on their strict liability claims and awarded $4,000,000 in compensatory damages to each estate. On February 24, 2026, the Ninth Circuit reversed and remanded with instructions to enter judgment for BNSF. Applying Montana law, it held that the common carrier exception applied because "the dangerous condition here—accumulated asbestos dust—arose solely from BNSF's operation as a common carrier executing its federally mandated duty to transport vermiculite." On October 5, 2026, the Supreme Court of the United States denied the estates' petition for a writ of certiorari (No. 26-54). A denial of certiorari is not a ruling on the merits; it leaves the Ninth Circuit's judgment in place. The holding concerns strict liability for an abnormally dangerous activity under Montana law, not FELA claims brought by railroad employees. The full case history is on Vermiculite and Libby Montana.

CSX Transportation: Raymond Williams filed a FELA claim against his employer, CSX Transportation Inc., alleging that his mesothelioma was caused by his regular exposure to asbestos.

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.

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.

Frequently Asked Questions

Can railroad workers file FELA claims for mesothelioma?

Yes. The Federal Employers' Liability Act allows railroad workers to sue their employer directly rather than filing workers' compensation claims. FELA requires proving the railroad was negligent in allowing asbestos exposure, but provides significant advantages including no damage caps on economic or non-economic damages, and full recovery for pain and suffering. One railroad asbestos FELA jury returned a $5 million verdict, reduced to $1 million net after a contributory-fault finding.

How long do railroad workers have to file an asbestos claim?

No FELA action may be maintained unless it is commenced within three years from the day the cause of action accrued. State-specific rules may apply to trust fund claims filed against bankrupt manufacturers, making prompt legal consultation essential after any asbestos-related diagnosis.

Were diesel locomotives safer than steam locomotives for asbestos exposure?

No. The use of asbestos accelerated dramatically at the same time that diesel locomotives began replacing steam locomotives, and any worker responsible for manufacturing, maintaining, or repairing locomotives or other railroad equipment was at risk from asbestos in clutches, brake systems, tiles and passenger-car insulation.

What is the difference between a FELA claim and a trust fund claim?

FELA claims are lawsuits filed against a railroad employer alleging negligence in permitting asbestos exposure. The railroad must still be a functioning company to be sued. Trust fund claims are filed against dedicated compensation funds established by asbestos product manufacturers that filed for bankruptcy. Railroad workers can pursue both types of claims simultaneously because they target different responsible parties — the employer who failed to provide safe conditions and the manufacturers who supplied hazardous products.

Which railroad job classifications had the highest mesothelioma risk?

Carmen who serviced brake systems faced exposure during brake servicing; a Norfolk Southern jury considered evidence that carmen handled up to 100 asbestos-containing brake shoes in a single day. Signal maintainers also faced exposure: Conrail signal maintainer Kevin Howell worked many of his 38 years maintaining signal boxes constructed using asbestos and frequently drilled holes in them. The Ohio Court of Appeals upheld his $2.3 million award for lung cancer.

Can family members of deceased railroad workers file claims?

Yes. When a railroad worker dies, FELA allows the worker's personal representative to sue for the benefit of the surviving spouse and children, or if none, the worker's parents, or if none, next of kin dependent on the worker. The same FELA limitation applies: no action may be maintained unless commenced within three years from the day the cause of action accrued. Additionally, family members may file trust fund claims on behalf of the deceased worker's estate against bankrupt product manufacturers, potentially recovering from multiple sources.

How much compensation have railroad workers received for asbestos exposure?

Documented FELA verdicts include a $5 million verdict (reduced to $1 million net) for Norfolk Southern rail car serviceman Stephen Fowlkes and $2.3 million for Conrail signal maintainer Kevin Howell. In addition to litigation, railroad workers may file claims against 54 active asbestos trust funds holding $16.09 billion or more (documented, October 2026) in combined assets. An experienced FELA attorney can identify all applicable compensation sources and pursue them simultaneously to maximize total recovery.

Quick Statistics

• Median tenure of almost 14 years — The Association of American Railroads reports that the median tenure of railroad employees is almost 14 years
• 38 years at Conrail — Signal maintainer Kevin Howell worked many of his 38 years at the company maintaining signal boxes constructed using asbestos, and later developed lung cancer
• 3-year federal limitation — No FELA action may be maintained unless commenced within three years from the day the cause of action accrued
• 80% contributory-fault finding — The jury's finding reduced the $5 million Norfolk Southern verdict to $1 million net, showing how comparative fault affects FELA recoveries
• 1908 FELA enactment — Congress passed the Federal Employers' Liability Act over a century ago, creating a negligence-based system for railroad workers injured on the job
• 1958 warning — At a 1958 meeting, Union Pacific medical officers were warned that "there is very good proof that asbestos is a cause of carcinoma"
• 54 active trust funds — Bankrupt manufacturers of locomotive insulation, brake shoes, gaskets, and signal equipment established dedicated compensation funds totaling $16.09 billion or more (documented, October 2026)
• 5 major railroads named in litigation — Union Pacific, BNSF, Norfolk Southern, CSX, and the former Conrail have each individually faced FELA asbestos claims or verdicts from current and former employees

Related Pages

• Boilermakers and Asbestos Exposure
• Pipefitters and Asbestos Exposure
• Insulation Workers and Mesothelioma
• Automotive Workers and Brake Asbestos
• Occupational Asbestos Exposure Quick Reference
• Mesothelioma Statute of Limitations by State

External Links

• U.S. Railroad Retirement Board — federal agency for railroad workers' retirement, survivor, disability, unemployment and sickness benefits
• 45 U.S.C. Chapter 2 — Liability for Injuries to Employees (Federal Employers' Liability Act), United States Code (GovInfo)

• Mesothelioma Lawyers Near Me — Directory resource for locating attorneys experienced in FELA and asbestos litigation.

• Danziger & De Llano — free, no-obligation mesothelioma case evaluations covering asbestos trust funds, settlements, and filing deadlines. Call (855) 699-5441 or visit dandell.com/contact-us.
• Mesothelioma Lawyer Center — overview of the mesothelioma diagnosis and treatment process.