If you are injured during the course and scope of working at the railroad, there are certain steps you should take. First and foremost, immediately seek medical attention for your injuries. Your health and well-being are of paramount importance. Seeking medical attention will also document the nature and condition of your injuries for a potential claim under worker’s compensation or the Federal Employer’s Liability Act (FELA).
This is not the time to downplay or discount the nature and extent of your injuries. You should be completely forthcoming about any and all injuries. As you recover from your injuries, it is essential that you follow all instructions from medical professionals. Failure to do so may impact the strength of your claim, and ultimately the compensation to which you may be entitled.
Railroad Accident Claims
If you are a railroad or rail yard worker and have been injured on the job, you have legal rights and may be eligible to recover compensation for:
- Lost wages
- Medical bills
- Pain and suffering
To pursue a FELA claim, it is critical that you have a team of qualified attorneys at your side. At Nadrich & Cohen, LLP our law firm has the experience needed to successfully pursue a FELA claim on your behalf. There is no fee for our services unless a recovery is made. Call 1-800-718-4658 now to speak with a FELA Railroad Accident Attorney at Nadrich & Cohen. We will provide a free and confidential consultation. Don’t wait to call as there are strict time limits for making a FELA injury claim.
FELA Accident Lawyers for Injured Railroad Workers
According to the Federal Railroad Administration’s Office of Safety Analysis, there were 341 railroad deaths between January 2017 and May 2017. This marks the highest fatality rate for the time period over the last ten years. Similarly, in the state of California, deaths related to railroad injuries are at their highest rate in the past ten years, with 73 deaths reported between January 2017 and May 2017.
Over the same time period, reported injuries to railroad employees on duty surpassed 14,500 across the country.
Top Causes Of Railroad Employee Injuries
- Slipped, fell, or stumbled due to loss of balance
- Struck by object
- Caught, crushed, or pinched
- Slipped, fell, or stumbled due to climatic conditions
- Collision or impact with an auto, truck, bus, van, etc
- Slipped, fell, or stumbled due to hazardous object
- Bodily function, such as sneezing
If you are a railroad or rail yard employee who was injured on the job, contact the FELA attorneys of Nadrich & Cohen now for your free FELA case evaluation. Our legal team will advise you of your legal rights and legal options under FELA. You can complete the contact form on this page, use the live chat feature, or call us now at 1-800-718-4658.
How Is FELA Different From Workers Compensation?
When workers are injured on the job, they are entitled to compensation for their injuries. Worker’s compensation is designed to pay the medical bills and lost wages of a person injured on the job. Railroad employees injured on the job are entitled to worker’s compensation. However, railroad employees also have another option available to them under the Federal Employer’s Liability Act (FELA).
The Federal Employer’s Liability Act was created in 1908 and compensates workers and their families under certain circumstances.
While worker’s compensation and FELA both allow for compensation for lost wages and medical bills, FELA provides additional compensation. Where an employer is negligent, and this negligence contributed to an employee’s injury, or caused an employee’s injury, FELA allows for additional compensation for pain and suffering.
The critical difference between worker’s compensation claims and FELA claims lies in the proof required for each claim.
To qualify for a worker’s compensation claim,
- One only needs to establish that one was injured; and
- That the injury occurred during the course and scope of employment.
However, under a FELA claim, the injured must prove that:
- He or she suffered a work-related injury;
- That the employer was negligent; and
- That the employer’s negligence was the cause of or contributed to, the employee’s injury.
What Negligence Looks Like
Employer negligence comes in many forms:
- For example, if an employer fails to establish workplace safety rules, this could rise to the level of employer negligence. Failure to enforce workplace safety rules could likewise constitute employer negligence.
- Lack of proper training, lack of proper tools, absence of proper safety equipment, or lack of sufficient manpower can also constitute employer negligence under FELA.
What Does FELA Cover For Railroad Workers?
- FELA covers railroad workers, including private carriers like the West Side Lumber Company railway or Diamond Match Company.
- FELA covers freight carriers such as the Los Angeles Junction Railway or the Napa Valley Railroad.
- Passenger carriers such as Amtrak California or the Metrolink are also covered under FELA.
What Does FELA Cover For Rail Yard Workers?
FELA isn’t only limited to railroad workers, rail yard workers are also covered by FELA.
Rail yard work can be extremely dangerous:
- Injuries suffered by rail yard workers may be covered by either worker’s compensation or FELA, depending on the circumstances.
- For example, if a rail yard worker is injured at the Anaheim Regional Transportation Intermodel Center (ARTIC), or somewhere along the Tehachapi Trade Corridor, FELA may apply.
Request a Free Consultation
A qualified attorney who is familiar with FELA laws and worker’s compensation laws can determine the best path for each individual case based on specific facts, circumstances and available proof. Injured railroad workers and rail yard workers should contact the FELA lawsuit Attorneys of Nadrich & Cohen, LLP for a free consultation.
Types of Railroad Injuries Which Could Lead to FELA Compensation
Railroad injuries can lead to permanent disability or even death. The following injuries are examples of the types of injuries which most commonly lead to a FELA claim:
- Hearing loss
- Joint pains
- Mesothelioma or Asbestosis
- Lung cancer
- Broken bones
- Exposure to welding fumes
- Brain Injury
- Carpal tunnel Syndrome
- Toxic encephalopathy
While this list provides examples of the types of injuries that may lead to a FELA claim, this list is not exhaustive. If you believe that you or a loved one may have a claim under FELA, call our office now to speak with a FELA Lawyer and receive a free case evaluation. A member of our team can determine whether your injury or loss may qualify for additional compensation under FELA.
Get a FREE case evaluation by an experienced FELA Lawyer now by calling us at 1-800-718-4658!