FELA Lawyer

John worked for decades as an Amtrak railroad brakeman/conductor, making sure that freight and passengers reached their destinations safely. He later worked for a Class One freight railroad. He took pride in his work and never imagined that the job he devoted so much to would one day put his entire life at risk.

When John turned 64 years old, a few years after his retirement, he was diagnosed with mesothelioma, a rare and aggressive type of cancer of the lining outside the lung. The news was devastating for him and his family. Worse, his doctor told him that his work on the railroad may have caused his cancer since many railroad jobs involved asbestos exposure.

Asbestos was widely used in industrial applications because of its heat resistance, durability, and insulating properties, but it’s known to cause mesothelioma, a terminal cancer, as well as lung cancer.

John felt betrayed. Why had his employer never warned him about this risk or, at the very least, helped protect him from it? Now, facing medical bills, lost wages, and a deteriorating quality of life, John wondered what his options were for holding his former railroad employers accountable.

If we hear about a case like this, we recommend that John discuss the situation with our railroad accident injury attorneys. At Shapiro, Washburn, & Sharp, we have successfully represented hundreds of railroad workers—including engineers, conductors, shop workers, signal workers, and track maintenance workers—and we understand how to help our clients fight for maximum compensation. Call us today at 833-997-1774 for a free consultation.

What is FELA and How Can It Help Me?

Injured railroad workers have robust legal protections under the Federal Employers’ Liability Act (FELA), which was enacted in 1908 to protect railroad workers who suffer job-related injuries and illnesses. At the time, railroad work was among the most dangerous occupations in the country, with high injury and fatality rates caused by unsafe working conditions, lack of safety standards, and little to no employer accountability.

FELA is different from standard workers’ compensation. Whereas standard workers’ compensation typically offers limited and fixed benefits regardless of fault and serves to protect the company as well as the employee, FELA allows injured workers to sue their employers for negligence, which can result in potentially larger jury compensation awards. These claims can include pain and suffering, which aren’t covered in standard workers’ compensation claims.

To have a successful FELA claim, a worker has to prove that their employer was negligent in creating unsafe working conditions. Maybe they failed to provide protective equipment, exposing employees to hazardous materials like asbestos, or they failed to provide the appropriate warnings or training so employees could keep themselves safe.

Under FELA, injured railroad workers can seek compensation for:

Medical expenses (both current and future)
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Disability and reduced quality of life

These types of claims can yield significant jury verdicts. Still, they require strong evidence and legal expertise, so it’s usually in your best interests to consult with an experienced railroad injury attorney.

Mesothelioma and Railroad Workers: An Invisible Threat

Unfortunately, many railroad workers were unknowingly exposed to asbestos-containing materials in trains, brake pads, insulation, and station buildings. Thousands of tiny, invisible asbestos fibers can be in the air surrounding asbestos-containing products and still not be visible to the naked eye. For years, railroad companies used asbestos because of its versatility, ignoring its long-term health consequences.

According to the Mesothelioma Veterans Center, asbestos use in the railroad industry stopped in the 1980s, but old products can still pose an exposure risk to this day. Particularly, as the products age and deteriorate, there is a higher risk of the asbestos fibers becoming airborne. Inhaling or ingesting these fibers is what leads to cancer risk.

Because mesothelioma and lung cancer can take 20 to 50 years to develop, many retired or near-retirement-age workers are now facing diagnoses from exposure that occurred decades ago. The connection between railroad work and asbestos-related diseases is well documented, so railroad workers have every reason to pursue their legal options under FELA.

How Does FELA Differ from Regular Workers’ Compensation?

FELA is partly like workers’ compensation for railroad workers, but there are critical differences.

Unlike workers’ compensation, which provides benefits regardless of fault, FELA requires proof that the railroad company was negligent in some way that led to the injury or illness. However, workers can get a higher amount of compensation from FELA because they can pursue full compensation and jury trials, whereas workers’ compensation offers fixed benefits regardless of injury and no jury trials.

While workers’ compensation cases are typically handled through an administrative process, FELA claims allow workers to take their cases to trial to seek a jury verdict if negotiations fail. However, FELA claims are often more complex than workers’ compensation claims, as they involve litigation, evidence gathering, and legal strategy.

Can I File a FELA Claim Without an Attorney?

You can file a claim without legal representation, but it’s not recommended. Railroad companies and their insurers have experienced legal teams working for them that are dedicated to minimizing compensation payouts, and they may push back against your claim or offer a settlement far below what you deserve to cover your injury-related damages.

Without an attorney fighting for you, you risk:

Losing your case due to insufficient evidence
Accepting a lowball settlement offer that doesn’t cover future medical costs
Being outmaneuvered by experienced railroad defense attorneys
Failing to meet strict filing deadlines.

Our firm partner, Richard N. Shapiro, has twice served as Chair of the Railroad Law Section of the nation’s largest trial lawyers association and is also the co-author of a legal treatise on railroad law titled Railroad Health and Safety: a Litigators Guide. He is recognized as a national authority on railroad worker injury law and has handled hundreds of railroad injury cases throughout the eastern United States.

How Can a Railroad Injury Attorney Help?

If you or a loved one was injured while working for the railroad, contact us at Shapiro, Washburn, & Sharp today. We will thoroughly investigate your case, gathering medical records, safety reports, and employer violations. We have access to asbestos databases and product identification that can help prove your claim and know how to track down companies responsible for your asbestos exposure.

For example, if you worked at a job site with known asbestos exposure, we can tap into historical information to discover which specific asbestos products were at that workplace. We are the attorneys you need to have on your side in a case like this!

We’ll fight for you just like we did for two families in wrongful death cases involving mesothelioma. In the first case, the decedent was diagnosed with incurable mesothelioma after working as a train conductor for a Class I freight railroad company for more than 20 years. He hired us before he succumbed to his disease, and we continued to pursue his claim under the FELA on behalf of his family.

In the second case, a family hired us to represent them in their FELA claim after their husband and father passed away of asbestos-caused mesothelioma. He had worked as a railroad switchman for over 25 years.

In both cases, the railroad company refused to admit any liability. We gathered the evidence necessary to prove the decedents had both been exposed to asbestos while working for the railroad, and helped negotiate confidential settlements for the families.

In a third case, we represented the family of a railroad repairman who had died of lung disease that the railroad insisted was caused by his long history of smoking. His daughter retained an autopsy, however, showing lung damage from asbestos. We fought for that worker’s family and took the case to trial, where we proved the connection, and the jury returned a wrongful death award of $5 million.

We’re happy to serve you at our Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake offices.

How Does FELA Help Injured Railroad Workers?