Railroad workers are protected under the Federal Employers Liability Act (FELA). FELA was created out of the recognition that railroad employees are exposed to a particularly high number of dangers unique to that line of work. However, FELA may make it more difficult for injured employees to get compensation because the worker will be held responsible for demonstrating the injury was a result of employer negligence. Working on the railroad is a very dangerous job and occasional accidents and injuries may be unavoidable. However, there are steps that should be taken to protect workers.
Have you are someone you cared about been injured while working on the railroad? Our workers’ compensation lawyers can help you through the claim process. Contact a railroad accident lawyer in your area to get started.
Possible railroad worker injuries can include:
Having to prove negligence gives the employer an advantage in these types of cases because they understand the laws and the system better than most individual employees. However, the compensation is also different. While regular workers’ compensation follows a pre-determined benefits schedule, FELA allows injured workers to sue their employer for pain and suffering based on comparative negligence. FELA cases are reviewed by a board separate from workers’ compensation and the awards are also decided by an independent board.
Since FELA was created in 1908, railroad companies have paid out tens of millions of dollars to injured employees and their families. Of this, approximately $35 million has been paid out to employees who have suffered brain damage as a result of exposure to dangerous chemicals and solvents. In addition to chemical exposure, railroad workers may be at an increased risk of electrocution, limb amputation, falling from a moving train car, and falling.
If you or someone you know has suffered an injury as a result of working on the railroad, our lawyers can help. Contact a workers’ compensation lawyer in your area to review your case.