Inside BNSF railroad: How long-term railroad exposure leads to FELA claims

Unlike acute injuries, such as falling and those caused by malfunctioning equipment, chronic illnesses linked to long-term exposure to toxic chemicals while working on railroads develop gradually. This makes them not only hard to detect but also harder to diagnose and prove. Understanding how exposure happens and how the law responds to it is critical for protecting your rights and your health.

BNSF's long history of moving freight, including hazardous substances

The origins of the BNSF Railway can be traced back to 1845, when it started out as a 12-mile train track in Illinois. In the decades that followed, through mergers and acquisitions of separate railroad companies, it evolved into a family of more than 400 different railroad lines. The BNSF formally became a corporate entity in 1995, and now functions as a wholly-owned subsidiary of Berkshire Hathaway Inc.

Given its 175 years of railroad history, the BNSF has transported billions of tons of cargo, from agricultural products to hazardous chemicals needed for various industries such as asbestos and PFAS.

On the surface, exposure to these dangerous substances may seem manageable and insignificant on a day-to-day basis. However, what most employees in the BNSF’s network of railroads do not know is that their cumulative effect can significantly increase the risk of chronic disease, including life-threatening ones.

Common hazards related to long-term exposure at the BNSF Railroad

Working at the BNSF Railroad often involves exposure to a range of potentially harmful conditions. In fact, there have been multiple cases and court decisions documenting how BNSF Railway employees, from Texas to Montana, suffer debilitating diseases as a result of prolonged exposure to the toxic chemicals and other harmful substances found in their own workplaces. Some of the most common include:

• Asbestos: The BNSF’s network of over 32,000-mile train tracks has a history of transporting asbestos and other asbestos-containing materials around the country, particularly in the 20th century, when the cancer-causing mineral became a key resource in fireproofing military bases and the construction of ships and shipyards at the height of World War II.
• Diesel exhaust: Locomotives, especially the hundreds that pass through BNSF railroads every day, emit diesel fumes that contain fine particulate matter and toxic chemicals. Short-term exposure can lead to irritation of the eyes, throat, lungs, headaches, coughing, and asthma attacks. However, long-term exposure can lead to more serious and often life-threatening illnesses, with lung cancer among them.
• Benzene: Another cancer-causing material, benzene has been cited as one of the many causes of chronic diseases among railroad workers, including those employed under BNSF Railway.
• Coal tar or creosote: Multiple scientific studies have suggested the link between routine exposure to creosote, a substance used to coat railroad ties, and the risks of developing skin cancer.
• PFAS/AFFF: Railroad employees at the BNSF Railway were not spared from the harmful effects of PFAS. Exposure to these ‘forever chemicals’ has been connected to a litany of health issues, including kidney cancer, testicular cancer, prostate cancer, leukemia, to name a few.

Long-term exposure injuries in the railroad industry are often invisible at first, but their impact can be profound.

Overview of FELA: Essential things every BNSF Railway worker must know

For workers at the BNSF Railway, understanding the risks, recognizing early symptoms, and knowing their legal rights under FELA can make all the difference. Like most railroad workers in the country, those employed under the BNSF railway are covered by FELA.

The law made it possible for employees of railroad companies to hold carriers liable for employee injuries caused by negligence. Since BNSF is a common carrier engaged in interstate commerce, its employees fall under FELA rather than state workers' compensation. 

Additionally, unlike standard workers’ compensation claims, FELA cases allow them and their families to recover damages that go beyond pecuniary matters. This may include compensation for emotional stress, pain and suffering, and loss of quality of life.

The scope of the BNSF Railway

It is also important to note that BNSF operates nationally, and railroad work and potential exposure risks may occur across multiple major freight corridors and rail hubs, including:

• Chicago, Illinois, intermodal and freight yards
• Southern California rail corridors and port operations
• Texas rail hubs such as Houston and Fort Worth
• Pacific Northwest terminals, including Seattle and Tacoma
• Midwest rail distribution and switching yards

Likewise, ports like Los Angeles, Houston, Tacoma, and Seattle are major transfer points where cargo moves between ships and rail systems. Railroad companies like BNSF operate across these connected hubs to move freight inland, and workers in these environments are exposed to heavy industrial and rail yard conditions. If you’re a railroad worker in these ports and stations, you may be eligible to file for FELA claims for your injuries, particularly serious and chronic diseases.

Find out if your BNSF railroad injury qualifies for a FELA claim

Proving a FELA claim based on long-term exposure can be complex. It often requires detailed medical records and a strong and verifiable link between workplace conditions and the injury. Both may not only be confusing but also time-consuming. However, if you want to find out how to get started with your FELA claims, then you have come to the right place. Our team at ELG Law is ready to assist you. Contact us today.