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