Serious Railroad Injuries and FELA
Railroads play a vital road in the United States economy. Many things are delivered through railways, including coal, lumber, food, and even motor vehicles. Unfortunately, even though railroad workers have essential work, their work puts them at risk of severe illness or injury.
Most workers injured on the job can seek benefits through worker’s compensation, but railroad workers have a different process. Workers that suffer injuries or illnesses have the right to seek damages through FELA. Cahill & Perry, P.C., has experience with FELA claims and can help you recover the funds you’re entitled to.
Serious Railroad Injuries
Under FELA, railroad companies are required to provide workers with a safe environment. Railroad coupling, railroad crossings, equipment failure, and track defects can leave workers with severe, life-altering injuries. Failure to comply with safety requirements can put workers at increased risk of injuries.
The injuries that are covered under FELA include –
- Traumatic injuries, like broken bones, traumatic brain injuries, and spinal cord injuries due to falling or falling objects
- Occupational diseases and impairments caused by occupational hazards, like lung cancer, asbestosis, and hearing loss
- Repetitive work injuries, like tendonitis and carpal tunnel syndrome
- Burn or electrocution due to mechanical or human error
How Does FELA Protect Railroad Workers?
Most workers in the United States can use the worker’s compensation system to cover medical expenses and loss of wages related to work-related injuries. However, railroad workers are protected by the Federal Employers Liability Act (FELA). This act, which was first passed by congress in 1908, is designed to protect railroad employees from occupational hazards.
Under FELA, railroad employers are required to compensate workers for illnesses or injuries that occur on the job. Workers are also permitted to file for economic losses and pain and suffering. The surviving family members of workers who died on the job also have the right to file a lawsuit on their behalf.
While the worker’s compensation program and FELA provide financial compensation to injured workers on-the-job, these systems function differently. Worker’s compensation covers any work-related injury, but FELA requires workers to show that injuries were caused by negligence.
Worker’s compensation claims are typically filed in a state’s industrial or worker’s compensation court. However, FELA lawsuits can be filed in both state and federal courts. By partnering with experienced FELA attorneys, injured railroad workers can increase their chance of a positive outcome.
Responsibilities of Railroad Companies
Under FELA, railroad companies have a duty to provide employees with a safe working environment. If on-the-job injuries occur because a railroad company fails to meet these duties, workers have the right to seek compensation through FELA. These duties include:
- Providing workers with the necessary manpower
- Providing workers with the necessary tools and equipment
- Ensuring that all tools and equipment are properly maintained
- Creating safety rules and making sure that those rules are being enforced
Recoverable Damages
Railroad workers can only make a FELA claim under specific circumstances. Some of the recoverable damages include:
- Past and future loss of wages
- Past and future medical bills
- Physical and mental pain and suffering
- Partial or full disability
- Compensation for lost organs or limbs
- Loss of future earning capacity
- Other out-of-pocket expenses
Serious Railroad Injuries: How an Attorney Can Help
Railroad companies often try to avoid paying injured workers, even when they are legally entitled to compensation. That is why you need the support of experienced FELA attorneys.
The FELA claims process is highly complex. FELA is a fault-based system, and injured workers must comply with specific guidelines to file a successful claim. For example, workers are required to report the injury to a superior immediately, and there is a three-year statute of limitations on filing a claim.
Suppose, you’re a railroad worker injured on the job, don’t hesitate to reach out for help. Cahill & Perry, P.C. represents injured railroad workers and will fight to ensure that your rights are protected throughout the claims process.
We have been protecting railroad workers for over 40 years and will give you the support you deserve. Call us today to discuss your claim and learn more about your options.
