Railroad Workers and Toxic Exposure in Nebraska: Why FELA, Not Workers' Comp, Usually Applies

Omaha has been a railroad town for more than a century, and it still is — BNSF's headquarters sits downtown, and thousands of Nebraskans work the rail yards, shops, and lines that run through the state. A lot of them will, at some point, be exposed to diesel exhaust, creosote-treated ties, solvents, or asbestos in older equipment and insulation. What surprises many of them is what happens if that exposure turns into a diagnosis years later: they don't file a Nebraska workers' comp claim the way almost every other injured worker in the state does.

Railroad workers are covered by a different law

Most Nebraska employees who are hurt or made sick on the job go through the state workers' compensation system. Railroad workers engaged in interstate commerce are generally excluded from that system and are instead covered by the Federal Employers' Liability Act (FELA) — a federal law that predates modern workers' comp and works fundamentally differently.

The biggest difference: workers' comp is a no-fault system — you don't have to prove your employer did anything wrong, but your recovery is limited to a set schedule of benefits. FELA requires showing the railroad was at least partly negligent, but in exchange, there's no fixed cap — a FELA claim can account for the full scope of what the exposure has cost you, not a predetermined amount.

What toxic exposure looks like on the railroad

• Diesel exhaust — decades of exposure in yards, shops, and cabs, linked to respiratory disease
• Creosote — used to treat railroad ties, absorbed through skin and inhalation
• Asbestos — insulation on older locomotives, brake components, and rail-yard buildings, with health effects like mesothelioma that can surface decades after exposure
• Solvents and degreasers — used in maintenance and repair shops, often before modern ventilation standards

Many of the workers I talk to were exposed thirty or forty years ago, in jobs they may not have held for decades. That gap is normal for occupational disease claims — it doesn't mean the claim is too late, but it does mean building the work history is a real part of the case.

Why railroad toxic exposure cases take real investigative work

A FELA toxic exposure claim usually requires reconstructing where someone worked, what they were exposed to, and what the railroad knew or should have known about the risk — sometimes across a career that touched multiple yards, rail lines, or job assignments. That's different from a straightforward injury claim, and it's part of why these cases benefit from an attorney experienced in both toxic exposure and FELA specifically.

I handle both sides of these claims

Toxic exposure and railroad injury law overlap constantly in Nebraska, and I bring the same trial-tested advocacy to both: more than $23 million recovered for clients, countless five-star client reviews and peer endorsements, and a firm voted Best of Omaha for personal injury law in 2025 and 2026. If you or someone in your family worked the railroad and is now dealing with a diagnosis you suspect traces back to the job, that connection deserves a real look.

Related practice areas: Toxic Exposure · Mesothelioma & Asbestos · Railroad Injury & FELA