The Practice of Railroad Accident Law
While most American workers are covered under workers compensation carried by their employers, railroad industry workers are protected by FELA, the Federal Employers Liability Act. When railroad workers are injured on the job, they may file FELA claims to receive the compensation they deserve for their lost wages and medical expenses.
The history behind FELA is that this federal law was enacted in 1908 at a time when worker safety and rights were not considered important. But excessive negligence by railroad companies produced so many catastrophic accidents that Congress actually stepped in and took action on behalf of railroad workers.
FELA protection for injured railroad workers
Today FELA is an important legal mechanism that injured railroad workers and their attorneys can use to seek financial recovery for lost wages and expenses. While workers compensation is determined by state defined rules and regulations, juries decide FELA cases. And the amount of compensation generally exceeds typical workers comp benefits.
FELA awards are determined based upon comparative negligence, which means the percentage of negligence on the part of the employer versus the percentage of negligence by the worker. If for example the jury decides that the total damages for the case amount to $100,000 and the worker was 50 percent at fault, the worker receives half the money. If the worker was not at fault at all, then he or she can receive the entire jury award.
Among the most common accidents that injure railroad workers are the following:
- Fires and explosions
- Operating heavy machinery
- Slip and falls
- Exposure to toxic materials
- Crushing incidents
- Electrocutions
Common injuries resulting from railroad accidents
Railroad work often involves heavy lifting and operating heavy machinery, as well as exposure to hot steam, chemicals, and toxic substances. Workers can slip and fall from high places or on wet surfaces. The bottom line is that this dangerous work typically results in a very long list of injuries and maladies, including the following:
- Back injuries
- Spinal cord injuries
- Severe burns
- Traumatic brain injuries
- Knee injuries
- Lacerations
- Contusions and fractures
- Loss of limbs or eyesight
Some workers also experience hand and wrist injuries and muscle strain from doing repetitive manual tasks, and these injuries could also require medical treatment and therapy.
Consult our railroad accident attorneys today
If you or a loved one is injured as a result of a railroad job or railroad crossing accident, the attorneys at the Hershewe Law Firm, P.C. have the skill and experience necessary to take on the railroad companies and their insurers to get you the compensation you deserve.
The Hershewe Law Firm, P.C. understands railroad accident laws and how to use them to fight for you. Call 877-382-9734 or contact us online today for a free consultation about your case.
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