Entries in the 'FELA Railroad Injury Settlements' Category ↓

With thousands of miles of rail lines traversing the continental United States and growing miles of light rail tracks being built in our nation’s cities, it’s no wonder that an entire section of law exists to deal with railway law.

FELA, or the Federal Employees Liability Act, was enacted specifically to provide rights to railway workers or their survivors when the workers are injured on the job. Railway accidents happen frequently, caused primarily by the sheer volume of rail traffic in the United States.

According to recent reports, more than 12,000 railway accidents were reported in 2008. Although a staggering number, the number actually reflects a decrease in accidents of nearly 10 percent over the previous year.

Most users of the rail systems are heavy industrial users. Coal, construction supplies, and oil tankers are common cargo on the U.S. rail system. The value of the goods being transported has required the development of a solid framework of laws to deal with this area of transportation. A growing set of laws that provide for national uniformity are being developed to help ensure that situations are treated uniformly across the nation.

Recent cases and settlements of interest to those involved with FELA and Railroad Injury law are discussed in this section.

FELA, which stands for the Federal Employer’s Liability Act, was established in 1908 in response to the large numbers of railroad injuries and deaths that went uncompensated at the time.  FELA provides a mechanism for railroad workers to obtain medical treatment and compensation for injuries that result from their employer’s negligence or failure to protect their safety on the job. All railroad workers are covered, including those whose jobs do not put them in close proximity to trains. Unlike workers compensation, FELA only applies to railroad workers and only when an employer is negligently responsible for an injury. If the railroad is deemed to be at fault for the injury, then the railroad employee is entitled to compensation for:

• Lost wages resulting from the injury.

• Compensation for medical treatment necessitated by the injury.

• Damages for physical pain and emotional suffering, as well as for disfigurement and scarring.

• Limitations on future earning capacity.

• Death benefits to surviving family members for funeral costs, lost wages, and pain and suffering.

The value of the benefits one can receive under FELA will depend upon the severity of the injury, and the extent to which one is disabled or the amount of time their injuries prevent them from working. The economic damages awarded in a FELA lawsuit can also depend upon whether the injured party was at all to blame for their injury.  FELA awards will be decreased in value by an amount that is consistent with the degree of responsibility for the injury.

This article was provided courtesy of the Philadelphia FELA lawyers of Cahill, Goetsch & Perry, P.C. Attorneys at Law, 800.654.RAIL (800.654.7245), who stand ready to assist railroad employees.

Under the FELA (Federal Employers’ Liability Act), railroad workers are able to make claims for monetary damages in the event of an on-the-job injury.  In the event of a wrongful death, the beneficiaries of the victim are also able to make a claim under FELA.

Damages that can be awarded under FELA fall into two categories:  economic and non-economic.  Loss of wages and loss of benefits are considered to be economic losses.  Pain and suffering or mental anguish are considered to be non-economic losses.

Other examples of damages that may be awarded under FELA include:
Loss of wages
Loss of earning potential
Loss of medical and dental benefits
Medical expenses, as paid out-of-pocket by the victim
Pain and suffering
Disfigurement and/or scarring
Emotional distress or mental anguish
Loss of income (wrongful death claims)
Loss of companionship (wrongful death claims)

The FELA statute has contributory negligence attached to it.  This means that if the actions of the injured party were partially negligent, then the monetary damages will be reduced based upon the amount the injured party was negligent.  For example, if an injured worker is awarded $100,000, but is found to be 20% negligent, then the amount that will be recovered is reduced to $80,000 ($100,000 x .20).

In the event of a wrongful death, the spouse or beneficiaries of the victim are able to collect pecuniary losses.  These losses include the amount of money the victim would have earned over the course of his/her lifetime if he/she would have lived.

Attorneys who are experienced with railroad law and FELA are best at recovering the maximum award under the law.  If you or a family member have been injured while employed as a railroad worker, contact an experienced railroad law attorney to help with making your claim to FELA.

This article has been provided by FELA attorneys:
Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, New York 14209
Toll-Free: 800.374.2144

The most recent and complete national railroad accident statistics reported from the Federal Railroad Administration Office of Safety Analysis have been submitted for the time period of January to December in the year 2008.
2008 Railroad Statistics

• 733 railroads reported in 2008
• 12,440 accidents/incidents were reported; this was over a 9% decrease since 2007
• 794 fatalities occurred
• 8,558 non fatalities occurred
• 2,414 train accidents occurred, this was almost a 10% decrease from the previous year
• 27 fatalities occurred, this was a major increase from the previous year
• 282 non-fatalities occurred
• 190 collisions occurred, this was a 9% decrease from the previous year
• There were 1,756 derailments, which was almost a 9% decrease from 2007
• This was a 23%decrease since 2005

Railroad Cause/Factor Statistics

• 841 counts were caused by the railroad track
• 878 counts were related to human factors
• 309 counts were caused by equipment malfunction
• 48 counts were signal related
• 338 counts were miscellaneous
• 1,334 counts were yard accidents

Highway/Railroad Incidents

• 2,391 were highway/railroad incidents
• 286 were fatal
• 935 were non-fatal

Other Railroad Incidents

• There were 7,635 other incidents
• 481 were fatal
• 7,341 were non-fatal
• Employee Fatalities: 25
• Employee Non-fatalities: 4,841
• Trespasser Fatalities: 452
• Trespasser Non-fatalities: 425

From 2005 to 2008: Summary of Railroad Accidents

• There has been a 10.6% decrease in total railroad accidents and incidents
• There has been a 24.2% decrease in train accidents
• There has been a 36.3% decrease in yard accidents
• There has been a 6.4% increase in passenger on train incidents

The Federal Railroad Administration

• There are roughly 3,000 train accidents every year
• Train accidents claim 1,000 lives every year
• About every two weeks local residents are asked to evacuate their homes due to train derailments that cause chemical spillage
• Currently in the United States there are 600 railroads and close to a million miles of railroad tracks

Article provided courtesy railroad accident attorneys of:
Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, New York 14209
Toll-Free: 800.374.2144

The United States government has put safety regulations in place for railroads through administrations and statutes passed by Congress.  The Occupational Safety and Health Administration, also known as OSHA, has a number of safety regulations and minimum standard requirements for railroad services as well as the work done by railroad workers.  In 1994, Congress voted for and passed the Federal Railroad Safety Authorization Act.

OSHA was created as part of the Occupational Safety and Health Act of 1970.  This administration is part of the Department of Labor.  Employers are required to:

• Provide a hazard free workplace
• Keep employees informed of all safety and health standards as set by OSHA
• Display the official OSHA poster where it can be easily found by employees
• Inform employees how to access their medical records
• Establish a system to keep a hazard free workplace and a way for employees to communicate any hazards they may discover as part of their jobs.

The Federal Railroad Safety Authorization Act of 1994 combined several laws into one new law with new safety standards.  The laws that were combined are the Boiler Inspection Act (also known as the Railroad Inspection Act), the Hours of Service Act, the Safety Appliance Act, and the Railroad Safety Act of 1970.

All railroad cars and locomotives must be equipped with the following safety equipment:

• Efficient hand braking systems
• Automatic couplers
• Safe sill steps
• Drawbars installed at the specified standard height
• Proper holds at the top of ladders for workers to grasp onto (only if a ladder is required)
• Proper ladders and running boards (determined by the Secretary of Transportation)
• Sufficient number of power brakes

Under FELA, a railroad worker must prove that the railroad service is liable for his/her injuries.  Any violation of the Occupational Safety and Health Act of 1970 or the Federal Railroad Safety Authorization Act of 1994 by the railroad service will contribute to negligence on the part of the railroad service.

This article has been provided by FELA attorneys:

Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, NY
800.374.2144