How Courts Have Interpreted Railroad Release Forms
Over time, courts have allowed railroads to settle injury claims by paying employees a lump sum in exchange for signing a release form. These release forms often include language that prevents the employee from suing the railroad in the future—even for different injuries that arise later.
Courts have reasoned that the release forms don’t necessarily always violate Section 55 because they can represent a voluntary settlement of liability, not an outright exemption. However, courts are not giving railroads a free pass. The release forms still must meet certain conditions to be enforceable.
This puts railroad workers in a tough position. They can take the money now—but they risk being unable to bring a lawsuit if a more serious injury emerges later, like an illness from toxic exposure during their employment.
The Problem with Signing Away the Future
Many workers have signed these forms after suffering minor injuries, unaware of the long-term consequences. Years later, they may develop serious conditions from occupational exposure to diesel exhaust, asbestos, chemicals, etc.
Imagine a railroad worker who injures his back on the job and accepts a small settlement in exchange for signing a release form. Years later, after retiring, doctors diagnose the railroad worker with lung cancer from occupational exposure to chemicals and asbestos.
When he tries to seek justice and file a lawsuit against his employer for negligence, he learns he cannot sue because of the back injury release he signed in the past. Even though his lung cancer has no relation to the back injury that he received the settlement for.
Many retired railroad employees only discover the long-term effects of toxic exposure years later. If you signed a release form before retiring, it is important to know whether it limits your rights. Depending on your case, you may still have legal options.
The courts are not in total agreement on how far these releases can go, especially when it comes to injuries that weren’t apparent at the time of signing.
Two Competing Court Opinions: Babbit and Wicker
Two key court cases highlight the conflict in interpreting railroad release forms:
Babbit v. Norfolk & Western Ry. Co. (Sixth Circuit) – The Known Claim Test
- A release is valid only for specific injuries known to the employee when the release is signed.
- You cannot waive future or unknown injuries.
Wicker v. Consolidated Rail Corp. (Third Circuit) – The Known Risk Test
- A release can cover injuries that might happen in the future, as long as both you and the railroad know about the risk of that injury when the release was signed.
- However, injuries from unknown risks cannot be waived
Federal courts remain divided. The Sixth Circuit’s decision in Babbit adheres to a stricter standard: only existing, known injuries can receive settlement through a release form. Meanwhile, the Third Circuit’s Wicker decision allows for broader releases covering known risks of future harm.
What’s the General Rule of Thumb for Railroad Release Forms?
Despite the difference in court opinions, a general principle has emerged: Courts are more likely to uphold releases as enforceable when they relate to a specific claim or known liability. Courts emphasize that a valid release must settle a real issue or controversy – a legitimate dispute about who is at fault for a particular accident or exposure. If a release attempts to waive any and all future claims without addressing a specific injury or risk known at the time, courts are more likely to strike it down as unenforceable.
The courts aim to strike a balance: giving workers the option to settle claims for immediate compensation, while also protecting them from unknowingly signing away their rights to pursue justice for more serious conditions later.
Railroad Release Forms: To Sign or To Not Sign?
If you’re a railroad worker presented with a release form after an injury, make sure to practice caution. Understand exactly what you’re giving up. The money may seem like a good deal now—but you could be forfeiting your right to recover for something far more serious down the road.
Always consult with an experienced attorney before signing anything. Regarding railroad release forms, what you don’t know can hurt you. Reach out to the lawyers at Hughes Law Offices to determine if an injury release that you have signed could bar you from filing an occupational cancer claim. Give us a call today.
