Catastrophic On-the-Job Railroad Injuries
Railroad work is notoriously hazardous. Not only are the conditions in which railroad employees work cramped or difficult, but outdoor work can include slippery mud or ice. Heavy railroad equipment is dangerous to work around at the best of times. Accidents and injuries are frequent, and catastrophic injuries are sadly common.
Railroad worker injuries fall under the Federal Employers’ Liability Act (FELA), which allows employees to bring claims similar to what the workers’ compensation is for. Under the act, a worker must demonstrate some negligence on the part of the railroad to recover. However, any sort of injury, including catastrophic injuries, is covered and can be the subject of a claim.
On-the-job railroad accidents can often lead to catastrophic injuries, including:
- Railroad Worker Brain Injury – Head trauma from slips, falls, and contact with heavy metal equipment on the railroad can leave a worker with serious brain injury.
- Chemical Burns – Railroad cargoes frequently include highly dangerous or toxic material, which can spill during derailments or while being loaded or unloaded;
- Broken or Dislocated Bones. Falls from equipment or on the job site can result in broken or dislocated bones.
- Amputation – Arms and legs can be crushed or amputated by the wheels of cars or locomotives, especially for those who work in trainyards.
- Spinal Cord Injuries or Paralysis – Accidents involving moving rolling stock or falls can leave workers with broken backs or severed spinal cords.
- Repetitive Motion – The human body, not designed for the operation of modern industrial equipment, can wear out if forced to make the same set of motions over and over again. While slow to develop over a long time, such injuries can be as disabling as a sudden, catastrophic accident.
- Permanent Disability and Deaths – Some of the injuries sustained by railroad workers may result in permanent disability and inability to work again. Accidents such as train collisions, derailments, and equipment malfunctions can also result in death.
Injured railroad workers might be entitled to a wider range of damages for injuries, including pain and suffering awards and possibly punitive damages if the railroad can be shown to have engaged in reckless or willfully dangerous activity.
Railroad companies are aware of the possibility of large awards. They will go to great lengths to defeat claims or to minimize settlements paid under the act. Claims agents will make low offers to remove a claim from the books or fight aggressively to defend a claim in hopes of defeating it on some technicality.
If you or a loved one has been catastrophically injured while working for a railroad, you want to focus on recovery. In addition to the physical trauma of the event, you may have psychological scarring, emotional distress, and financial problems from being unable to work. And in such circumstances, you need someone who is entirely on your side and willing and able to fight for your rights.
FELA actions are often complex, and a specialized railroad injury attorney can help you make sense of the arcane system of law which governs them. Good, zealous representation can allow you to focus on recovery and get back to normal life as soon as possible.
Working With a Railroad Injury Attorney
Catastrophic railroad injuries can leave a worker permanently disfigured or disabled. Yet, claims can be very difficult to prove, as railroad injury law is highly specialized.
At Cahill & Perry, P.C., we have extensive experience representing railroad workers against railroad companies and management. In fact, we have more than four decades of experience in this field of law. We have successfully represented many injured railroad workers in FELA claims, obtained many settlements, and been awarded many verdicts.
We understand the trauma of a railroad injury. We are prepared to represent your claim with professional diligence, skill, compassion, and dignity.
We attempt to negotiate settlements with railroad claims departments but will not hesitate to take a case to trial when necessary. We will aggressively represent you in front of a judge and jury. We are prepared to bring expert witnesses and medical testimony to bear to establish your claim.
Contact us today for a consultation and learn more about how we can work with your case.
