Railroad Workers and Asbestos: FELA Claims Expose $1.2 Million Average Settlements in 2026

Railroad workers diagnosed with mesothelioma can recover an average of $1.2 million through Federal Employers Liability Act (FELA) claims—significantly more than workers' compensation provides in most states [4]. From the steam era through today's diesel operations, railroad employees faced asbestos exposure from locomotive insulation, brake systems, and maintenance facilities. If you worked for a railroad and have been diagnosed with mesothelioma, FELA provides a powerful legal pathway to hold your employer accountable for failing to protect you from asbestos hazards.

Executive Summary

Railroad workers qualify for FELA claims that average $1.2 million in settlements for mesothelioma cases, with verdicts exceeding $10 million in cases with strong liability evidence [4][9]. Unlike workers' compensation, FELA requires proving employer negligence but permits full damages including pain and suffering. The 3-year statute of limitations runs from diagnosis, allowing retired workers exposed decades ago to file claims [1]. Key job categories at risk include locomotive engineers, firemen, carmen, shop workers, and maintenance-of-way employees who encountered asbestos in boiler insulation, brake systems, gaskets, and repair facilities [2][6]. Railroad workers can file FELA claims alongside asbestos trust fund claims for combined recovery often exceeding $2 million.

10 Key Facts About Railroad Workers and Asbestos Exposure

Average FELA Settlement: $1.2 million for mesothelioma claims [4]
FELA Statute of Limitations: 3 years from date of diagnosis [1]
Peak Exposure Years: 1940s-1980s (steam and early diesel era)
Highest-Risk Jobs: Locomotive engineers, firemen, carmen, shop workers [2]
Asbestos Sources: Boiler insulation, brake shoes, gaskets, pipe covering
Latency Period: 20-50 years from exposure to diagnosis
Combined Recovery: $1.5-2.5 million+ when FELA plus trust funds pursued [10]
Employer Negligence Required: Must prove railroad failed to protect workers
Full Damages Available: Pain/suffering, lost wages, medical expenses, future care
No Workers' Comp Bar: FELA replaces state workers' compensation for railroad employees

What Is FELA and Why Does It Matter for Railroad Workers?

The Federal Employers Liability Act (FELA), enacted in 1908, provides railroad workers with a unique legal remedy for workplace injuries and illnesses—including mesothelioma caused by asbestos exposure [1]. Understanding FELA's advantages is essential for maximizing compensation.

How FELA Differs from Workers' Compensation

FELA creates a negligence-based system that replaces workers' compensation for railroad employees:

Factor	FELA	Workers' Compensation
Fault Requirement	Must prove employer negligence	No-fault system
Pain and Suffering	Full recovery available	Generally not available
Lost Wages	Full past and future wages	Percentage of wages, capped
Medical Expenses	Full past and future costs	Covered but often limited
Average Recovery	$1.2 million for mesothelioma	$100,000-300,000 typical

$1.2 Million

Average FELA settlement for railroad workers with mesothelioma

What Constitutes Railroad Employer Negligence?

To recover under FELA, you must prove your employer was negligent in some way that contributed to your asbestos exposure. Common forms of railroad negligence include:

Failure to warn: Not informing workers about asbestos hazards in equipment and facilities
Failure to provide protection: Not supplying respirators, protective clothing, or ventilation
Unsafe work practices: Requiring workers to disturb asbestos without precautions
Failure to test or monitor: Not conducting air quality testing in maintenance facilities
Continued use of asbestos: Using asbestos products after dangers were known

"Railroads knew about asbestos dangers for decades before they took action to protect workers. Internal company documents often show they prioritized cost savings over worker safety—that evidence of corporate knowledge is crucial for proving FELA negligence."
— Rod De Llano, Founding Partner, Danziger & De Llano

Where Did Railroad Workers Encounter Asbestos?

Asbestos was used throughout railroad operations from the steam era through the 1980s. The railroad workers exposure profile documents common exposure sources.

Steam Locomotive Era (1900s-1960s)

Steam locomotives created particularly hazardous asbestos exposure conditions [7]:

Boiler insulation: Asbestos-wrapped boilers, pipes, and fireboxes
Lagging: Asbestos blankets covering hot surfaces
Gaskets and packing: Asbestos seals throughout steam systems
Brake shoes: Asbestos brake components on wheels
Cab insulation: Asbestos protecting engineers from engine heat

Diesel Era (1950s-Present)

Diesel locomotives continued using asbestos in multiple components [8]:

Brake systems: Asbestos brake shoes and linings
Electrical insulation: Asbestos in wiring and electrical panels
Gaskets: Asbestos gaskets in engine components
Thermal insulation: Asbestos protecting hot engine parts
Floor tiles: Asbestos vinyl tiles in locomotive cabs

Railroad Facilities

Beyond locomotives, railroad facilities posed significant asbestos exposure risks:

Roundhouses: Asbestos insulation in steam-era maintenance facilities
Repair shops: Asbestos dust from locomotive overhauls
Stations and terminals: Asbestos building materials
Signal houses: Asbestos electrical insulation
Maintenance-of-way: Asbestos in track signal equipment

"Railroad workers often don't realize how pervasive asbestos was in their work environment. It wasn't just the locomotives—it was the shops, the roundhouses, the stations. We document every exposure source to build the strongest possible FELA case."
— Rod De Llano, Founding Partner, Danziger & De Llano

Which Railroad Jobs Had the Highest Mesothelioma Risk?

Certain railroad occupations faced more intense asbestos exposure than others. The occupational exposure index ranks railroad positions by risk level.

Highest-Risk Railroad Positions

Job Title	Primary Exposure Sources	Risk Level
Locomotive Shop Workers	Rebuilding insulation, brake work	Very High
Carmen (Car Repairers)	Brake replacement, insulation work	Very High
Boilermakers	Steam locomotive repair	Very High
Pipefitters	Pipe insulation maintenance	High
Locomotive Engineers	Cab exposure, brake dust	Moderate-High
Firemen	Boiler proximity, insulation contact	Moderate-High
Maintenance-of-Way	Signal equipment, track facilities	Moderate

Job Duties That Increased Exposure

Specific job tasks created elevated asbestos exposure regardless of official job title [6]:

Brake work: Removing and installing brake shoes released asbestos fibers
Insulation removal: Stripping old insulation during overhauls
Gasket replacement: Scraping and installing asbestos gaskets
Confined space work: Working inside cabs, engine compartments
Cleanup duties: Sweeping shops where asbestos debris accumulated

20-50 Years

Latency period from asbestos exposure to mesothelioma diagnosis

How Do Railroad Workers File FELA Mesothelioma Claims?

Filing a FELA claim requires building a case that proves your employer's negligence caused your asbestos exposure. The evidence preservation guide explains documentation requirements.

Step 1: Gather Essential Documentation

Critical evidence for FELA claims includes:

Medical records: Pathology confirming mesothelioma diagnosis
Employment records: Railroad Retirement Board documentation, pay stubs, seniority records
Job descriptions: Details of duties involving asbestos exposure
Union records: Work assignments, grievance files, safety complaints
Company documents: Safety policies, equipment specifications, training records

Step 2: Identify Employer Negligence

Your attorney will investigate evidence of railroad negligence:

What did the railroad know about asbestos dangers, and when?
What protective measures did they fail to implement?
Did they comply with industry safety standards?
Were workers warned about asbestos hazards?
Did they continue using asbestos after safer alternatives were available?

Step 3: File the FELA Lawsuit

FELA claims can be filed in either federal or state court:

Venue options: Where injury occurred, where defendant resides, or where defendant does business
Statute of limitations: 3 years from diagnosis date [1]
Discovery process: Obtaining railroad documents, deposing company witnesses
Expert testimony: Medical and occupational health experts

Step 4: Settlement or Trial

Most FELA mesothelioma cases settle before trial:

Settlement negotiations: Often begin after discovery
Mediation: Neutral mediator helps negotiate resolution
Trial: If settlement isn't reached, jury decides damages
Expedited proceedings: Courts often fast-track mesothelioma cases

"The discovery phase is where FELA cases are often won. We obtain internal company documents that show what the railroad knew about asbestos and when they knew it. That evidence of corporate knowledge combined with failure to act is devastating at trial—which is why most cases settle."
— Rod De Llano, Founding Partner, Danziger & De Llano

What Compensation Can Railroad Workers Recover?

FELA permits recovery of full damages, making it significantly more valuable than workers' compensation for mesothelioma cases [9].

FELA Damage Categories

Past medical expenses: All treatment costs from diagnosis forward
Future medical expenses: Projected ongoing care costs
Past lost wages: Income lost due to illness
Future lost wages: Projected earning capacity loss
Pain and suffering: Physical and emotional distress
Loss of enjoyment of life: Inability to participate in activities
Wrongful death damages: For surviving family members

Settlement and Verdict Ranges

Case Strength	Settlement Range	Verdict Range
Strong liability evidence	$1.5-2.4 million	$5-15 million
Average case	$800K-1.5 million	$2-5 million
Challenges present	$400K-800K	$1-2 million

Combined Recovery with Trust Funds

Railroad workers can file FELA claims alongside asbestos trust fund claims:

FELA claim against railroad employer
Trust fund claims against asbestos product manufacturers
Potential lawsuits against equipment suppliers
Combined recovery often exceeds $2 million [10]

3 Years

FELA statute of limitations from mesothelioma diagnosis

Which Railroads Have Faced FELA Asbestos Claims?

Major railroads have faced significant FELA litigation for asbestos-related diseases [14]:

Class I Railroads

Union Pacific: Largest U.S. freight railroad with extensive asbestos litigation history
BNSF Railway: Major freight carrier with documented asbestos exposure in facilities
CSX Transportation: Eastern railroad with asbestos claims from shop workers
Norfolk Southern: Southeastern carrier facing ongoing FELA claims

Successor Liability

Many historical railroads merged into current carriers, but FELA claims remain viable:

Southern Pacific → Union Pacific
Atchison, Topeka & Santa Fe → BNSF
Conrail → CSX and Norfolk Southern
Penn Central → Conrail → CSX/NS

Frequently Asked Questions

What is the Federal Employers Liability Act (FELA) and how does it help railroad workers?

FELA is a federal law passed in 1908 that allows railroad workers to sue their employers for injuries caused by employer negligence. Unlike workers' compensation, FELA permits full damages including pain and suffering, lost wages, and medical expenses. Railroad workers with mesothelioma can recover significantly more through FELA than state workers' comp systems.

How much are FELA settlements for railroad workers with mesothelioma?

FELA settlements for railroad workers with mesothelioma average $1.2 million, with many cases settling between $800,000 and $2.4 million depending on age, work history, and employer negligence evidence. Verdicts at trial have exceeded $10 million in cases with strong liability evidence. FELA claims can be combined with asbestos trust fund claims for additional compensation.

What railroad jobs had the highest asbestos exposure?

Locomotive engineers, firemen, carmen, and maintenance-of-way workers faced the highest asbestos exposure. Steam locomotive workers were exposed to boiler insulation, while diesel mechanics encountered asbestos in brake systems, gaskets, and insulation. Shop workers who rebuilt locomotives faced particularly intense exposure during repair operations.

How long do railroad workers have to file a FELA claim for mesothelioma?

Under FELA, railroad workers have 3 years from the date of diagnosis to file a lawsuit. This is generally more favorable than many state statutes of limitations. However, prompt action is important because evidence collection and witness identification become more difficult over time.

Can retired railroad workers still file FELA claims for mesothelioma?

Yes. Mesothelioma has a latency period of 20-50 years, meaning many retired railroad workers are just now being diagnosed from exposures decades ago. The 3-year FELA statute of limitations runs from diagnosis, not exposure. Retired workers can file FELA claims regardless of when they stopped working for the railroad.

What evidence do I need to prove a railroad FELA mesothelioma claim?

Key evidence includes employment records, Railroad Retirement Board documentation, medical diagnosis records, co-worker affidavits about asbestos exposure, company safety records showing failure to protect workers, and product identification evidence. Railroad unions often maintain historical records that can support claims.

Do I need a lawyer for a railroad FELA mesothelioma claim?

Yes. FELA claims require proving employer negligence, which differs from workers' compensation. Experienced FELA attorneys understand railroad industry practices, have access to historical exposure databases, and know how to build cases against railroad companies. Attorneys typically work on contingency, meaning no fees unless you recover compensation.

Can I file both a FELA claim and asbestos trust fund claims?

Yes. FELA claims against railroad employers and trust fund claims against asbestos product manufacturers are separate legal actions. Most railroad workers with mesothelioma qualify for both types of claims. Combined recovery often exceeds $1.5-2.5 million when all sources are pursued.

Next Steps: Filing Your Railroad FELA Claim

If you worked for a railroad and have been diagnosed with mesothelioma, you may be entitled to significant compensation through FELA. The 3-year statute of limitations means prompt action is important.

Our experienced FELA attorneys specialize in railroad asbestos cases. We understand the industry, have access to historical exposure documentation, and know how to build powerful negligence cases against railroad employers.

Related Resources

Learn More About Railroad Exposure

Sources:

Federal Employers Liability Act (45 U.S.C. § 51). U.S. Code - Cornell Law School. (1908).
Railroad Worker Occupational Health Study. National Institute for Occupational Safety and Health (NIOSH). (2024).
Asbestos Use in Railroad Equipment and Facilities. Federal Railroad Administration. (2023).
FELA Verdict and Settlement Reporter. Bureau of National Affairs. (2025).
Railroad Retirement Board Occupational Illness Statistics. Railroad Retirement Board. (2025).
Asbestos Exposure Among Railroad Workers: A Historical Analysis. Journal of Occupational and Environmental Medicine. (2024).
Steam Locomotive Maintenance and Asbestos Exposure. Railroad Historical Society Archives. (2023).
Diesel Locomotive Brake System Components and Asbestos Content. Environmental Protection Agency. (2024).
FELA Litigation Outcomes 2020-2025. American Association for Justice. (2025).
Asbestos Trust Fund Claims by Occupation. RAND Institute for Civil Justice. (2024).
Occupational Safety Standards for Railroad Workers. Occupational Safety and Health Administration (OSHA). (2024).
Brotherhood of Locomotive Engineers Health and Safety Records. BLE Historical Archives. (2023).
United Transportation Union Asbestos Exposure Documentation. UTU Archives. (2024).
Railroad Industry Asbestos Litigation Trends. Defense Research Institute. (2025).
Mesothelioma Incidence Among Transportation Workers. Centers for Disease Control and Prevention (CDC). (2024).

Last updated: February 1, 2026