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Legal Options for Railroad Worker Head Injuries


african american railroad engineer injured in an accident at work on the railway tracksRailroad workers are the backbone of our transportation systems, keeping goods and people moving across the country. Yet, their work is inherently dangerous. From moving trains and heavy equipment to hazardous materials and unpredictable weather, railroad workers navigate a minefield of potential risks every day. If you work on the railroad, understanding these hazards is essential for your safety and protecting your rights in case of head injuries. To explore the comprehensive services offered by Cahill & Perry, P.C. Attorneys at Law, visit this page.

Railroad Worker Head Injury Legal Options

Railroad workers who suffer head injuries on the job have several legal options to consider for seeking compensation and justice. Here’s a comprehensive list of those options:

  • FELA Claims

Federal Employers’ Liability Act (FELA) provides a legal pathway for railroad workers to sue their employers for injuries sustained due to negligence. This claim requires proving that the railroad was at least partly negligent in causing the injury.

  • Workers’ Compensation

Although FELA generally covers railroad workers, in some contexts or specific scenarios, workers may also be eligible for state workers’ compensation benefits. This can depend on the state and the specific circumstances of the employment.

  • Personal Injury Lawsuit

Outside of FELA, injured railroad workers might have the option to file a personal injury lawsuit against third parties who are not their employer, such as equipment manufacturers or other negligent parties whose actions contributed to the injury.

  • Product Liability Claims

If a head injury is caused by defective equipment or machinery, the worker may have a claim against the manufacturer of that equipment under product liability law.

  • Negligence Claims Against Third Parties

In cases where someone other than the employer (a third party) is responsible for the unsafe conditions that led to the injury, a negligence claim can be filed against those parties.

  • Disability Benefits

If the head injury leads to long-term or permanent disability, railroad workers may be eligible for disability benefits through federal programs like Social Security Disability Insurance (SSDI) or through private disability insurance policies.

  • Occupational Safety and Health Administration (OSHA) Complaint

If safety regulations were violated, filing a complaint with OSHA can lead to an investigation and potentially more systemic changes to prevent future injuries.

  • Union Support and Advocacy

Railroad workers affiliated with a union can also seek support and advocacy from their union, which can provide resources, legal advice, and representation in disputes over injury claims.

Each of these options can offer different benefits and are suited to different situations. Consulting with a knowledgeable railroad injury lawyer at Cahill & Perry, P.C. Attorneys at Law can help injured workers navigate these options and choose the best course of action based on their specific circumstances.

Why Federal Employers’ Liability Act (FELA)?

Railroad workers who suffer head injuries while on the job are afforded specific legal protections under the Federal Employers’ Liability Act (FELA). This act differs significantly from traditional workers’ compensation in that it allows railroad employees to file lawsuits directly against their employers for negligence. Under FELA, a railroad worker who has sustained a head injury can seek compensation if the injury was due to any form of employer negligence. This can include a variety of situations such as:

  • Inadequate Safety Measures

Railroads are obligated to maintain a safe working environment. This responsibility includes providing appropriate safety gear such as helmets and protective eyewear and implementing rigorous safety protocols to prevent accidents. When a railroad fails to uphold these safety standards, and an injury occurs as a result, the lack of safety measures is viewed as negligence. For instance, a worker who suffers a head injury because they were not provided with a required safety helmet can hold the employer liable under FELA.

  • Insufficient Training

FELA acknowledges that proper training is crucial for safety. Employers must ensure that all railroad workers are adequately trained to handle the machinery and perform the tasks required for their roles. This includes ongoing training to address new risks or updated equipment. An injury resulting from a railroad’s failure to train its employees adequately—such as a worker suffering a head injury after operating equipment without proper instruction—can qualify as negligence.

  • Defective Equipment

Employers are also responsible for ensuring all equipment is in good working order. This includes regular maintenance and prompt repairs. If a worker’s head injury results from malfunctioning or poorly maintained equipment, such as a safety device failing to operate or a tool breaking under normal use, the employer can be held accountable for these damages.

FELA’s legal framework is particularly favorable to injured railroad workers due to its relatively low burden of proof for negligence. Unlike in typical personal injury cases, a railroad worker under FELA does not need to prove that the employer’s negligence was the sole or even primary cause of the injury. Instead, the worker only needs to demonstrate that the employer’s negligence contributed to the incident in any way, however minor. This lower burden of proof is pivotal because it broadens the range of incidents and behaviors that can potentially lead to successful claims. It acknowledges the complex causality often involved in workplace injuries, where multiple factors—including employer negligence—may contribute to an accident.

Connect with Cahill & Perry, P.C.

Head injuries can have profound impacts on your health, livelihood, and future. Legal recourse through FELA provides a pathway to compensation and justice. The FELA attorneys at Cahill & Perry, P.C. Attorneys at Law stand ready to assist you with their significant legal acumen and commitment to their clients. Do not wait to assert your rights—reach out today for a consultation and take the first step towards securing your future.

  • $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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