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Do I Have a Case If I’m Injured During Work-Related Travel?


People using trains and departure and arrival imagesIf you are injured while traveling for work, determining whether you have a valid claim can be crucial for your recovery and future. Cahill & Perry, P.C. Attorneys at Law, with over forty years defending railroad workers and their families, is deeply familiar with these scenarios. Understanding your legal rights is essential, especially under the Federal Employers Liability Act (FELA), which governs most injuries related to railroad work.

Understanding Work-Related Travel Injuries

When railroad workers are injured during travel for work, understanding their legal rights and the processes involved in seeking compensation is crucial. The Federal Employers’ Liability Act (FELA) offers a protection framework that is significantly different from traditional workers’ compensation laws, providing a potential pathway for more substantial compensation for injuries sustained during work-related travel. Work-related travel injuries for railroad workers encompass a range of scenarios that may occur during any form of travel required by their job duties. This includes:

  • Traveling to and from various work sites: Injuries sustained while traveling to remote track sites, other facilities, or between different work locations.
  • Stays in accommodations provided by the employer: Incidents occurring in hotels, motels, or other lodging arranged by the employer for the duration of work assignments.
  • Commuting in a company vehicle: Although regular commuting typically falls outside the scope of FELA, if the travel is in a company vehicle and is part of the employee’s required duties (such as transporting equipment or other employees), it may be covered.

These injuries can arise from vehicular accidents, unsafe accommodations, or even assaults, and other unforeseeable events linked to the conditions or requirements of the employment. Our FELA attorneys at Cahill & Perry, P.C. have a long history of securing significant railroad settlements for our clients. For immediate guidance and to assess your situation with a seasoned Connecticut railroad injury lawyer, reach out to us.

Legal Framework Under FELA

The Federal Employers’ Liability Act (FELA) provides a distinct legal avenue for railroad workers, diverging from traditional workers’ compensation by requiring proof of employer negligence. Under FELA, injured workers must demonstrate that their employer failed to ensure a reasonably safe work environment, which is more demanding than the no-fault basis of workers’ compensation systems. Success in a FELA claim hinges on proving that the employer did not fulfill their duty to maintain safety, which could involve:

  • Lack of proper training for the tasks performed when the injury occurred.
  • Inadequate maintenance of equipment or infrastructure.
  • Insufficient safety protocols or failure to enforce existing ones.

Negligence does not need to be the sole cause of the injury under FELA; it only needs to contribute to the injury. Railroad workers who have sustained injuries should consult experienced FELA attorneys from Cahill & Perry, P.C. Attorneys at Law, to effectively navigate the complexities of these claims and ensure they receive the full benefits afforded under the law.

Types of Damages Recoverable Under FELA

FELA allows for the recovery of a broader range of damages than typical workers’ compensation, including:

  • Pain and Suffering: Compensation extends to both physical pain and mental distress, acknowledging the full spectrum of injury impacts.
  • Full Past and Future Wage Losses: FELA covers all lost wages and accounts for future losses due to reduced earning capacity, which is more comprehensive than the partial wage replacements typical in workers’ compensation.
  • Medical Expenses: All injury-related medical costs are covered under FELA, including long-term care and future medical needs, ensuring that workers are not financially burdened by recovery costs.

Understanding these aspects and preparing accordingly can significantly enhance the likelihood of a successful claim under FELA for injuries sustained during work-related travel. For more information on how to proceed with a FELA claim, visit this page.

Proving a FELA Claim for Work-Related Travel Injuries

To establish a successful claim under FELA for a work-related travel injury, a railroad worker must consider and effectively demonstrate the following:

  1. Connection to Work: The injury must have occurred while the employee was engaged in a work-related activity or as a direct result of carrying out duties assigned by the employer.
  2. Employer’s Negligence: There must be evidence that the employer failed to provide a safe working environment, proper equipment, and adequate training, or that they otherwise breached their duty of care towards the employee.
  3. Injury Severity: The injury should significantly impact the employee’s ability to perform their work or their usual daily activities. This can include long-term or permanent disabilities, severe pain, or significant psychological distress.

Trust in Cahill & Perry, P.C. Attorneys at Law

At Cahill & Perry, P.C., we are dedicated to supporting railroad workers injured during work-related travel. Our attorneys have successfully represented numerous cases under the rigorous standards of FELA, achieving substantial settlements for our clients. Whether dealing with back injuries, shoulder strains, or more severe disabilities, our approach is tailored to maximize your recovery and safeguard your rights. If you or a loved one has been injured during work-related travel, do not hesitate to contact us today. Let us help you secure the compensation you rightfully deserve.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

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If you are a railroad worker who has been injured on the job, you need a lawyer who understands the complicated FELA claims process. Find out how we can help you receive the compensation you deserve.

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