A brief study of U.S. history shows the significance of the development and installation of a transcontinental railroad. Life in Connecticut and throughout the nation changed in many ways, once trains became available for transporting goods (and people). Along with ease of travel and new mercantile opportunities, a more negative consequence of train transportation in America was railroad worker injuries.
Working on a railroad poses many personal safety risks. Unlike many jobs that provide workers’ compensation benefits to injured employees, railroad workers are protected by the Federal Employer’s Liability Act. FELA allows injured railroad workers to recover damages typically associated with a lawsuit, such as medical expenses, pain and suffering or lost wages.
Many believe FELA offers far better worker protection than the average workers’ compensation program would. The key factor in recovering one’s losses through FELA, however, is establishing negligence against the railroad. This sometimes leads to lengthy courtroom battles.
One such case involved a man in a state outside Connecticut who is said to have suffered permanent disability when he was injured while disconnecting a caboose. The claim he filed states that several mechanisms used in the process were defective, thus resulting in the accident that caused him severe injury. The railroad worker injuries case is currently in a state of limbo due to arguments over which court should preside over the matter. A federal district court judge recently granted a motion to transfer the case to another district. An experienced attorney can be a great asset to a plaintiff in such situations, aggressively advocating in an injured worker’s favor.
Source: madisonrecord.com, “Yandle transfers railroad injury suit: ‘Litigation has little or no connection to this district’“, May 2, 2017