Defending the Railroads

Though railroads did not manufacturer or distribute asbestos, and largely eliminated its use in their operations long ago, they have been named as defendants in numerous lawsuits alleging asbestos-related injuries by the plaintiff.

Virtually all of these lawsuits are brought under FELA by current and former employees (historically, largely by former employees). FELA is a federal fault-based statute that was enacted in 1908, at a time before no-fault workers’ compensation systems had taken root in this country. FELA covers only railroad employees (and seamen by virtue of the Jones Act). In order to receive compensation for injuries occurring on the job, FELA requires rail workers to sue their employer in state or federal court.

Thus, compensation is awarded in a lottery-like manner, with associated litigation costs, and substantial amounts going to lawyers on both sides. The need for both parties to show the other to have been culpable puts unnecessary strain on the relationship between employer and employee.

see also:

The Railroad's Defense To defend the railroad, it was stated that they did not make asbestos
Defending, Hoferer said, railroads did not manufacture asbestos.

Rail Labor's Position Read about why rail labor contends the FELA Act is unfair
Find out rail labor position on the FELA Act

Report of Testimony re: FAIR Act Read Hoferer's testimony to the U.S. Judiciary on behalf of BNSF
More about BNSF's attorney Hoferer's testimony to the Judiciary