If a railroad worker or a family member develops mesothelioma cancer, can they bring a railroad disease claim? The answer is yes, but there are two different ways this can happen, and two different laws apply. If a railroad worker gets mesothelioma, the Federal Employers Liability Act (FELA) gives them three years from when they knew or should have known that the occupational exposure caused mesothelioma. So, three years, and it’s a discovery rule. But what happens in a take-home case where, over many years, a wife who washed her husband’s dirty work clothes – that contained asbestos – has developed mesothelioma from this exposure?

This type of case does not fall under FELA. FELA applies specifically to railroad workers. Family members who become sick from “take-home exposure” have a common law claim against the railroad that employed the railroad worker. That statute for limitations will be governed by the state where the family member or the spouse was. An asbestos lawyer can determine what that statute of limitations is.

If you or a loved one has been diagnosed with an asbestos-related illness due to railroad work, our team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.

Can a Railroad Worker Bring a Claim for Mesothelioma Caused by Exposure to Asbestos at Work?

Yes, a railroad worker who develops mesothelioma due to exposure to asbestos at work can bring a railroad disease claim under FELA (Federal Employers Liability Act). Railroad workers were historically exposed to asbestos in various areas of their jobs, including train cars, locomotives, and maintenance areas, as asbestos was widely used in materials like brake linings, insulation, and gaskets.

To bring a claim under FELA, the worker must show that the railroad employer’s negligence contributed to the asbestos exposure that led to the development of mesothelioma. For example, the employer may have failed to provide proper protective equipment, failed to warn workers about the dangers of asbestos exposure, or neglected to ensure a safe work environment.

In a FELA claim, the worker doesn’t need to prove that the employer was solely responsible for their illness but rather that the employer’s negligence caused the exposure. If successful, the worker may be able to recover compensation for medical bills, lost wages, pain and suffering, and other related damages.

Can a Family Member File a Disease Claim if they Develop Mesothelioma Due to Asbestos Exposure Brought Home by the Railroad Worker?

Yes, in certain circumstances, family members who develop mesothelioma due to asbestos exposure brought home by the railroad worker can file a claim. If the railroad worker was exposed to asbestos at their job and then brought contaminated clothing, equipment, or materials home, it is possible that family members were indirectly exposed to asbestos. This secondary exposure, often referred to as “take-home” exposure, can lead to serious diseases like mesothelioma.

In these cases, the family member may have the option to file a personal injury claim for the mesothelioma diagnosis caused by asbestos exposure. While these claims are not typically brought under FELA (which applies only to railroad workers), the family member may still have legal recourse through other legal avenues, such as lawsuits against the railroad company or manufacturers of asbestos-containing products.

To pursue a claim, the family member must show that the railroad company or the asbestos manufacturers were responsible for the exposure. Evidence of the worker’s direct exposure to asbestos at their job and the subsequent contamination of the home environment would be necessary to support the claim.

What Evidence is Needed to Support a Disease Claim for Mesothelioma Caused By “Take-Home” Exposure?

In a railroad disease claim for mesothelioma caused by take-home exposure, the key to success is demonstrating that the family member was exposed to asbestos that was brought home by the railroad worker. The following types of evidence can help establish a connection between the railroad worker’s exposure and the family member’s illness:

  • Work history: Documentation showing the railroad worker’s job duties and exposure to asbestos-containing materials. This may include testimony from coworkers, records of work activities, or descriptions of tasks involving asbestos products.
  • Medical records: The family member’s medical records, including the mesothelioma diagnosis, will be crucial in establishing the timing and progression of the disease.
  • Expert testimony: Expert testimony from medical professionals and industrial hygienists can help link the secondary exposure to the family member’s mesothelioma. Experts can explain how asbestos fibers could have been transferred to the home environment and led to the development of the disease.
  • Testimony of the railroad worker: The railroad worker’s testimony about their workplace conditions and how they may have brought asbestos-contaminated clothing or materials home can be vital in establishing the link between the workplace and the family member’s exposure.
  • Witnesses: Testimony from other family members, co-workers, or neighbors who may have witnessed the worker bringing home contaminated clothing or materials or who were aware of the level of exposure at the worker’s job can strengthen the claim.
  • Testimony and Expert Opinions: Expert testimony from medical professionals and industrial hygienists may be needed to explain how asbestos exposure causes mesothelioma and how the worker’s specific job duties contributed to their exposure. Testimonies from coworkers also exposed to asbestos may also strengthen the claim.
  • Asbestos Records: Records from the railroad employer or industry showing when asbestos-containing materials were used and the working conditions during those periods will be necessary. Evidence that the employer failed to warn workers about the dangers of asbestos or provide protective measures could bolster the case.

What Should You Do If You Were Exposed to Asbestos While Working on a Railroad?

If you or a loved one has been diagnosed with lung cancer and believe it is related to railroad work, it’s essential to act quickly. Seek the guidance of a FELA attorney experienced in occupational illness cases. An attorney can help investigate the claim, obtain expert testimony, and ensure the lawsuit is filed within the statute of limitations.

Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.