Railroad Workers & PTSD

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Most railroad accidents involve physical injuries and trauma. However, railroad accidents can also be psychologically horrifying. 

A train engineer or conductor controls a heavy and powerful locomotive, usually pulling many long, heavy cars. Pedestrians, automobiles, or trucks can blunder into railroad crossings in the path of an oncoming train. 

Railway work is inherently dangerous. Witnessing others injured or killed while unable to stop or control a heavy train can leave lasting mental trauma. 

Though in control of the train, the crew often cannot stop or do anything to avoid the inevitable accident. The resulting accident may pose little danger to the train crew but still, leave significant psychological scarring in the form of PTSD.

While such claims are difficult to prove and may not lead to substantial awards, it’s possible to bring a PTSD injury claim under FELA. Judges and juries sometimes recognize the merits of such claims, give verdicts in favor of the railroad employee, and award damages.

A good railroad injury lawyer in FELA claims can help the employee present such claims in the best possible light.

 

Post-Traumatic Stress Disorder (PTSD)

 

Post-traumatic stress disorder can arise whenever anyone witnesses a traumatic event while unable to prevent or affect the outcome. Accidents, injuries, and deaths can all give rise to PTSD for the onlookers. While often associated with military combat, any violent event can give rise to PTSD.

The effects of PTSD can be grave. Many individuals with the disorder report flashbacks, severe anxiety, or nightmares, and family relationships may suffer. 

In addition to the emotional trauma of a railroad accident, workers may also experience physical injuries, which can lead to chronic pain and disability, which in turn can exacerbate PTSD symptoms. 

In extreme cases, an individual may begin to have suicidal thoughts or turn to drugs or alcohol to suppress the distress of the event, at least for a few moments or hours. 

Railroads frequently offer little in the way of training or counseling in the aftermath of such episodes. Counseling may help, but not all railroads offer counseling after an accident.

 

FELA Claim for PTSD

 

To prevail in a FELA claim, a railroad worker must show that the negligence of the railroad employer somehow contributed to the injury of the worker. In the case of purely psychological injuries, this can sometimes be difficult. The worker must demonstrate the failure of the railroad to take proper care contributed to the accident, without which the worker would not have witnessed the event.

More often, a railroad worker can prevail in a PTSD claim if substantial fear of death or serious injury can be shown. The terror of a life-threatening episode may suffice to support the claim. The fact that the worker wasn’t injured is miraculous and could contribute to feelings of guilt or loss for those less fortunate co-workers who were.

Physical injury claims, coupled with mental distress or anguish, can also serve as the basis for a PTSD claim. In such cases, the fact that the worker was physically injured gives rise to a more typical FELA claim. The psychological distress of the episode then gives the worker another sort of compensable damage.

If you or a loved one work for a railroad and have suffered psychological distress due to a work-related railroad accident, the firm of Cahill & Perry, P.C. is here to help you navigate the complex system of FELA. Our firm of FELA attorneys has represented railroad workers against railroad companies and management for four decades. We have experience in all aspects of presenting FELA cases, both to railroad claim departments in negotiations and to judges and juries in court trials when negotiation fails.

A FELA railroad injury claim can be vital to an injured railway worker, and we understand that. Call us today for an appointment to learn more about how we help injured railroad workers.