Railroad work is some of the most dangerous work that a person can do. There are several safety laws that reflect the danger posed to railroad workers when they report for duty. The Federal Employer’s Liability Act (FELA) and other laws were designed to hold railroad companies and managers responsible for creating and maintaining a safe environment for their employees. A railroad injury lawyer can help. Contact our FELA Attorneys for a free consultation.
In the unfortunate instance that a railroad worker is injured, FELA provides fair compensation for on-the-job-related injuries or death for employees and/or their families. FELA attorneys at The Johns Law Firm can help you through this difficult time and get you the compensation needed to move forward with your life. Call us today for a free consultation with a railroad injury lawyer.
FELA was enacted to relieve the financial burdens placed on railroad workers from:
- Wage loss
- Medical bills
- Pain and suffering
- Physical pain or injury
- Mental anguish
- Lost benefits
- And other damages
FELA claims generally have a statute of limitations of three years from the date of injury to file your lawsuit. If you fail to file a claim after the three years, your claim will likely be dismissed. FELA cases can be complex and difficult to navigate. Unlike other workers compensation systems, FELA generally requires the employee to show that the injury was caused by some form of negligence or wrongdoing.
FELA provides a uniform liability standard for railroad companies. FELA establishes that an employer is responsible for: ensuring a workplace is free of unsafe conditions and safety hazards; providing proper maintenance of equipment, tools and safety tools, warn employees of any unsafe conditions and hazards; and conducting routine inspections to assure the workplace is free of known and unknown hazards. If dangerous equipment causes injury to an employee, and the defect could’ve been found through discovered through a reasonable or routine inspection, then the employer will be held liable under FELA.
Another responsibility of railroad employers is that they are required to ensure their employees are properly trained for the jobs and equipment they are expected to do or use to complete assigned work. Jobs and work conditions must be adequately supervised. Supervisors must also work to ensure that there is subordinate compliance with all safety rules.
Finally, railroad companies have a duty to take reasonable measures to keep employees safe from intentional acts by other employees or third parties (crimes and intentional torts). Companies should not assign unreasonable work quotas in terms of time and production. Additionally, companies must supply reasonable help or assistance when a task exceeds a worker’s physical limitation or abilities.
Injuries sustained on the job include, but are not limited to:
- Back, neck and other orthopedic injuries
- Traumatic injuries to to the spine, arms, shoulders, hips and knees
- Carpal tunnel
- Nerve damage
- Traumatic Brain Injury
- Chemical exposure
- Respiratory issues
- Lung cancer caused by diesel fumes and exhaust
- Mesothelioma caused by exposure to Asbestos
- Work-related trip
- Whistleblower protection & retaliation injuries
- Wrongful death
Injuries can be the result of:
- Improper training
- Brakes or other equipment on a train failing
- Trains moving too fast in work zones
- Exposure to toxic chemicals and substances
- Conditions known to cause unsafe work environments
- Poor lighting in a work zone
- Unsafe procedures
- Operator error
- Unnecessary requirement to report to work in poor weather conditions
- Improper hazard warning
- Railroad crashes/collision
- And much more
FELA provides railroad workers an avenue to recover damages for illnesses contracted due to on-the-job exposure to toxins such as asbestos, chemicals, diesel fumes, and other toxins.
If you are a railroad worker who has been injured or contracted an illness, call us to discuss your options.