Railroad Worker Injury / FELA
Anyone who works in the railroad industry understands how dangerous it can be. Railroad workers are among heavy machinery and dangerous work environments. They can suffer injuries or fatal accidents on the job. Under the Federal Employers’ Liability Act, railroad workers can file an injury claim in state or federal court.
Railroad accident cases are different than other workers’ compensation claims. If you suffered a work-related injury as a railroad worker, contact a railroad FELA lawyer for legal advice.
What Is the Federal Employers Liability Act?
The Federal Employers’ Liability Act (FELA) is a federal law that protects railroad workers who are injured on the job. Railroad worker injuries can be more common than in other work environments. In 1908, Congress passed the FELA to allow railroad workers to get compensation for injuries and hazardous working conditions.
Generally, the FELA allows railroad workers to file lawsuits against the railroad company for negligence. The injured employee can show the railroad’s negligence caused the workers’ injuries. An injured railroad employee can also get compensation if they show the railroad company violated safety regulations, resulting in injury.
How Does the FELA Protect Injured Railroad Workers?
Most non-railroaders have limited options to file a personal injury case against their employer. Most employees are limited to a workers’ comp claim for on-the-job injuries. Workers’ comp benefits only provide money for medical bills and a partial wage replacement. The benefit is that the injured worker doesn’t have to prove employer negligence.
Railroad workers who are not covered by state workers’ compensation laws can file a personal injury claim for work injuries. Through a personal injury lawsuit, injured workers can get money for:
- Medical bills
- Future medical expenses
- Loss of income
- Loss of earning capacity
- Pain and suffering
Railroad injuries can include traumatic accidents or long-term exposure. Accidents can include railroad accidents causing traumatic brain injury, loss of a limb, crushing injuries, or other types of injuries. Occupational diseases can include:
- Exposure to asbestos
- Exposure to toxic solvents
- Repetitive stress injuries
- Loss of hearing
- Chronic obstructive pulmonary disease (COPD)
- Cancer
What Should You Do After a Railroad Work Accident?
After an accident, you should seek immediate medical care. Some injuries can have long-lasting impacts that don’t appear immediately. You may also be required to report your injury to your supervisor. You can also ask for help from a union representative to make sure the railroad doesn’t try to take advantage of you.
Talk to a FELA attorney about your claim. Your attorney can represent you and they can deal directly with the railroad company. If you say the wrong thing to the railroad company or their insurance claim agents, it can hurt your case.
If possible, take photographs or video of the accident scene and get information from any witnesses. Keep a copy of all your records and contact an attorney for help.
What If You Were Blamed for Causing the Accident?
Even if you were partly at fault for causing the accident, this does not mean you can’t recover money. Under federal FELA laws, contributory negligence is not a bar to recovery. If the injury or death happened in a case where the railroad company violated a safety statute, the injured worker can still recover full damages.
For an employer negligence claim, the injured worker can have their award reduced based on their comparative negligence. if a jury decides you are partly responsible, it can reduce the damages available.
For example, say you are injured in a railroad accident that caused $1 million in damages. The court finds the railroad company was 80% responsible and you were 20% responsible for the accident. In a FELA claim, the railroad company would be liable for $800,000 in damages.
How Can a Railroad Injury Lawyer Help?
If you suffered a workplace injury in the railroad industry, you can file a FELA lawsuit against the railroad company. An experienced attorney can help you file the claim to recover compensation for your injuries. FELA claims protect railroad employees from injuries, illnesses, or fatal accidents in the course of employment.
If a railroad employee’s family member was killed in a work accident, the personal representative or surviving family members can recover damages in a wrongful death lawsuit.
Even if the railroad claims you were responsible for the accident, you still have the right to recover partial compensation in a FELA case. Contact a railroad FELA lawyer for legal advice in filing a FELA claim.