Kentucky Railroad Employees, Asbestos Exposure, and the Law
Railroads have crossed Kentucky and the nation for more than a century. For decades, asbestos-containing products were used to keep trains running, exposing employees to cancer-causing fibers that ended many of their lives. Satterley & Kelley, PLLC attorneys represent railroad workers and their families seeking compensation for the harm asbestos caused them.
If you or a loved one worked for a railroad, was exposed to asbestos, and is diagnosed with an asbestos-related disease, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injuries.
What is Asbestos?
Asbestos is a mineral fiber that’s been used for centuries in thousands of products. It’s light and strong, and the fibers are microscopically small. Asbestos is resistant to heat, fire, electricity, and chemicals. During its peak use from the Industrial Revolution through the 1970s, it was also cheap and readily available.
Why is Asbestos Hazardous?
If asbestos fibers are released into the air, a person may inhale or swallow them without realizing it. The fibers become stuck in tissue and organs.
Because they’re so strong and durable, the body’s immune response to remove or destroy them fails. This starts a decades-long process of scar tissue, inflammation, and genetic mutations that lead to the development of many types of cancer, including mesothelioma and lung cancer.
Why Did the Railroad Industry Use Asbestos?
Railroad use of asbestos was common through the late 1970s. The mineral’s heat- and fire-resistance, durability, strength, and insulating properties made it seem ideal for railroad applications, but its microscopic fibers caused deadly diseases when workers inhaled or swallowed them. Asbestos-containing products were used as insulation, brake pads, brake linings, gaskets, seals, and for a train’s floors and ceiling materials.
Exposure occurred aboard locomotives and inside railroad yards and repair shops, where equipment was maintained, repaired, and rebuilt. In both settings, asbestos-containing products would routinely be cut into, ripped out, and removed from equipment and replaced with new ones. Toxic fibers would be released into the air, and anyone in the area could inhale or swallow them.
Some of the products used by railroads include the following:
- Asbestos gaskets and rope packing were used throughout locomotive engines and mechanical systems to create seals around cylinders, exhaust joints, and fluid connections. Removing or replacing these components during maintenance or repairs broke apart asbestos-containing materials and sent fibers into the air
- Brake shoes and brake components on both locomotives and rail cars contained asbestos for much of the twentieth century. The friction generated during braking wore down these materials, producing asbestos-laden dust that collected in and around the equipment. Workers who inspected, adjusted, or replaced brake components were directly and repeatedly exposed to asbestos
- The operator cabs of many diesel-electric locomotives were insulated with asbestos-containing materials applied to equipment and their interiors to manage heat and reduce fire risk. Routine wear, vibration, and any repair work disturbed these materials. Employees who worked in these cabs were practically surrounded by asbestos
- Asbestos was used as electrical insulation in many locomotive control systems and wiring assemblies. Electricians and mechanics who serviced these systems, replaced wiring, or worked on control panels encountered asbestos-containing materials as part of their jobs
Railroad workers may have been exposed to asbestos contained in engines and cars, but they were also exposed to asbestos-containing products when they were transported as freight.
Why Were Those Working in Railroad Yards and Repair Shops Exposed to Asbestos?
Railroad engines and cars need to be maintained, repaired, and overhauled over time. Those doing this work had to remove asbestos-containing products, then replace them with new ones. Removing and applying asbestos-containing products could release clouds of fibers into the air, where anyone in the area could inhale or swallow them.
Would Asbestos Exposure be Limited to Worksites?
Asbestos fibers often stuck to railroad workers’ clothing, skin, and hair. They would be shaken loose when workers washed, changed their clothes, and when work clothes were laundered. Anyone living in the household could be exposed to asbestos fibers present in the work environment.
Secondhand asbestos exposure can cause mesothelioma and other asbestos-related cancers in family members who had no direct connection to the railroad industry. If you lived with a Kentucky railroad worker and have received an asbestos-related diagnosis, you may have a valid legal claim for compensation.
What Kentucky Railroad Facilities Exposed Workers to Asbestos?
The following Kentucky railroad operations are known sites of occupational asbestos exposure. If you or a family member worked at any of these locations and has since been diagnosed with mesothelioma or another asbestos-related illness, contact us to discuss what options may be available to you.
- DeCoursey: Louisville & Nashville Railroad Company
- Louisville: CSX Railroad / L&N Railroad (South Louisville Shops and Osborne Yards)
- Paducah: Illinois Central Railroad Company / Paducah Locomotive Shops
- Russell: Chesapeake & Ohio Railroad Company
If you worked at a facility not listed above, or at an out-of-state location, Satterley & Kelley, PLLC handles claims from rail operations throughout Kentucky and the surrounding region.
What Legal Rights to Compensation Do Railroad Workers Have?
Railroad workers have some of the same legal rights as others sickened by asbestos, plus a federal law that covers their work-related injuries.
Two areas of law that help asbestos victims pursue those who manufactured and sold asbestos-containing products are product liability and negligence:
- Product liability law can hold a party responsible for the harm they cause when a product they make or sell is dangerous and harmful when it’s used as intended, or they fail to include sufficient instructions or warnings
- Negligence can impose liability if a party selling a product fails to take sufficient precautions to ensure its safety, or if it knows the product is hazardous but continues to sell it, or at least fails to issue sufficient warnings and instructions for its safe use
Employees of interstate railroads also have the right to sue their current or former employers under the Federal Employers’ Liability Act (FELA). Under this law:
- A railroad worker injured by asbestos exposure need not prove that the railroad was entirely at fault, only that their negligence played a role in causing the harm.
- Compensation available under FELA can include medical expenses, lost wages, pain and suffering, and other losses not covered by the state’s workers’ compensation system
FELA claims are complex and require attorneys who understand railroad operations, industry standards, and the applicable legal framework. Satterley & Kelley, PLLC lawyers have represented hundreds of railroad workers and their families in the past.
What Legal Deadlines Do Kentucky Railroad Workers Face?
Under Kentucky law, asbestos injury claims are generally subject to a one-year statute of limitations, measured from the date of diagnosis or the date you knew, or reasonably should have known, that your illness was linked to asbestos exposure.
Kentucky courts strictly enforce this deadline. Missing it will result in your claims being dismissed, and you will not obtain compensation for your injuries.
Fortunately, Federal FELA claims have a three-year statute of limitations from the date of injury or discovery of your illness. If the injured worker dies of an asbestos-related disease, his or her estate is entitled to pursue a FELA-based wrongful death case within three years from the date of the worker’s death.
Call Us Today for A Free Consultation
If you or a family member in Kentucky suffers from an asbestos-related condition and worked for a railroad or lived with someone who did, Satterley & Kelley, PLLC is the law firm you can trust at this critical time. Call our Louisville office at 855-385-9532, locally 502-589-5600, or complete our online contact form to schedule a free consultation.