Asbestos
Moody, Strople, Kloeppel & Higginbotham, Inc. has helped hundreds of railroad asbestos victims
obtain compensation from their railroad employers and from the asbestos manufacturers.
Frequently Asked Questions about Railroad
workers and Asbestos
What
is asbestos and how is it used on the railroad?(back to FAQs)
Asbestos is a mineral that can cause many diseases, including cancer. It was used in
insulation materials (lagging) during the steam era and into the diesel era. Steam engine
boilers, fireboxes and pipes were insulated with asbestos. Additionally, asbestos was used
in various other products including pipe wrapping, wallboard, cement, gaskets, packing and
rope.
Why should
I be concerned about exposure to asbestos? (back to
FAQs)
Breathing asbestos dust can cause several serious diseases: Asbestosis
is scarring of the lungs caused by breathing asbestos. Asbestosis, cancer and various lung
disorders are incurable and may worsen over time.
Cancer of various types is also caused by asbestos
exposure, including lung cancer, cancer of the lining of the chest and abdomen
(mesothelioma), and some gastrointestinal cancers.
What railroad
workers were exposed to asbestos? (back to FAQs)
Anyone who worked around steam locomotives or in roundhouses, backshops, carshops, and
other repair facilities was probably exposed to asbestos. When asbestos insulation is
disturbed, it produces both visible and invisible dust particles and fibers, which are
inhaled by those working nearby. The worker need not have personally touched or worked
with the asbestos to breathe contaminated air.
Asbestos-caused diseases are not confined to any particular job titles or descriptions. If
you worked in the shops or roundhouses, or worked on the crew of a steam locomotive, you
were probably exposed to asbestos, even if you could not see it in the air.
Can
a retired employee still recover for injuries that occurred while working for the
railroad? (back to FAQs)
YES. Even though a railroad employee develops an occupational disease such as
asbestosis many years after he has left the railroad, he is still entitled to compensation
for injuries caused by the railroad's negligence.
Can I
still be compensated even though I smoke(d)? (back to
FAQs)
YES. Smoking does not cause asbestosis. Only exposure to asbestos causes asbestosis.
Disease caused by smoking and disease caused by asbestos can usually be distinguished by
x-rays and breathing tests. People who were or are smokers are still entitled to receive
compensation for the portion of their lung damage that was caused by asbestos exposure.
Should
I be concerned even though I have not been exposed to asbestos for 15-20 years? (back to FAQs)
YES. The scarring from asbestos takes a long period of time to develop, with the
disease not appearing until 20 to 50 years after a worker's first exposure to asbestos.
Once you have inhaled asbestos, it cannot be removed from your lungs. More importantly,
asbestos continues to damage the lungs over time, even after exposure stops.
What are
the symptoms of an asbestos-caused disease? (back to
FAQs)
The most common symptom of an asbestos-caused disease is shortness of breath. However,
a person can have an asbestos caused disease without having any symptoms at all.
My
family doctor has never made a diagnosis of an asbestos-caused disease, so why should I
worry about it? (back to FAQs)
Specialized training is necessary to diagnose an asbestos-caused disease. The changes
asbestos causes on chest x-rays are subtle and are often missed by doctors who are not
accustomed to diagnosing asbestos-caused diseases. Symptoms such as shortness of breath
and coughing are often attributed to the aging process, smoking, or other breathing
disorders.
Did
the major railroads know about asbestos disease and how to prevent it? (back to FAQs)
YES. Evidence has been discovered indicating that the railroad doctors knew about
asbestos-caused disease and its prevention in the 1930s. In 1935, the railroad doctors
wrote in the minutes of the annual meeting of the Medical Section of the Association of
American Railroads:
"...we as railroad surgeons are undoubtedly more interested in silicosis and
asbestosis that the other types {of dust-caused diseases}..."
The railroad doctors further suggested five methods of prevention:
- Educate the workers;
- Get rid of the dust;
- Sprinkle the work area with water;
- Have the workers wear respirators;
- Frequently test the dust content of the air during working hours.
Unfortunately, these recommendations were rarely, if ever, carried out and railroad
workers were indiscriminately exposed to deadly asbestos dust and fibers throughout the
1930s, 1940s, and 1950s.
Furthermore, the railroad claims agents knew about the dangers of asbestos exposure to
railroad workers in the 1930s. In 1937, the Railway Claims Agents' organization discussed
occupational dust diseases in railroad workers, stating: "We have also to deal
with....asbestosis."
The evidence clearly establishes that the major railroads knew about asbestos-caused
disease, its prevention, and that claims would result from continuing to expose their
workers to asbestos.
If I have an asbestos caused-disease, how can
I get compensation? (back to FAQs)
Advice and counsel of a union approved railroad attorney are your best guarantees that
your claim will be properly evaluated, handled, and presented. Moody, Strople, Kloeppel & Higginbotham Inc.
is available to advise you concerning the legal avenues available to you to get compensation.
How
do I find out if I have an asbestos-caused disease? (back
to FAQs)
Scarring from asbestos causes changes on a chest x-ray. A doctor trained in diagnosing
occupational lung diseases can determine whether any changes on your chest x-ray are
consistent with an asbestos-caused disease. Simply call the Asbestos Program Coordinator
at 1-800-793-4816 to find out if your years of
service and craft qualify you to participate in a free screening in your area.
Virginia Office:
500 Crawford Street
Suite 300
Portsmouth, Virginia 23704
(757) 393-4093
(800) 368-1033
Fax: (757) 397-7257 |
 |
Florida Office:
7400 Baymeadows Way
Suite 105
Jacksonville, FL 32256
(904) 256-0018
(800) 813-8608
Fax: (904) 256-0019 |
Occupational Disease Division:
(757) 393-6020
(800) 793-4816
Fax: (757) 399-3019
|
|
|