On the Job Injuries: A Closer Look at the Rights of a Railroad Worker

While the railroad industry has come a long way in creating a safe environment for their workers—fatality rates have dropped, better technology is being used, and new safety practices are being sought after and developed. Yet, many railroad workers will agree that there is still a large space for improvement. Men and women are stilling getting hurt, facing lifelong injuries, disfigurement and pain and suffering.  A railroad worker risks his or her life every day when they are on the job. This is why railroad workers are protected separately from other workers’ compensation claims under the federal law, Federal Employers' Liability Act (FELA).  If a railroad worker is hurt on the job, they should always seek a personal injury attorney who has a focus in FELA law.

Dangers on the Railroad

Railroad workers come face to face with deadly accidents. Particularly, railroad break, signal and switch operators are among some of the most deadly jobs within the railroad industry. In many cases, two workers will work nearly a mile and a half apart, only to count on hand signals and a radio. It is often that fatalities occur when a railroad worker is struck by a train that they are operating.

Similar to workers’ compensation that most companies carry, FELA compensates for railroad workers when they are hurt on the job. However, FELA varies from workers’ compensation because a worker needs to prove at least partially that the injury was the fault of an employee, agent or contractor, or from a faulty piece of equipment. Part of determining the final settlement of a FELA case is by a jury who will determine the compensation. By hiring an experienced personal injury attorney who has a concentration in FELA, an injured railroad worker can submit an accurate and aggressive claim to receive maximum compensation.

FELA law covers bodily injuries, cumulative trauma injuries, repetitive stress injuries, emotional distress, asbestos exposure, and many other forms of on the job injuries or fatalities. Hiring a personal injury attorney will help you to determine what your overall damages are.

If a railroad worker is hurt, he or she should always report it to their employer and their union as soon as possible. Injured workers should also seek medical care immediately to determine the seriousness of the injury. To submit the most accurate and successful claim, a railroad worker who suffered damages should consult with a personal injury attorney who can submit a claim to provide relief in medical expenses, lost wages, and pain and suffering.

Malman Law has a team of personal injury attorneys who are experienced in railroad work related injuries. Our team of attorneys additionally have a focus in other forms of workers’ compensation, nursing home neglect and abuse, vehicle accidents and medical malpractice. Visit our site at www.malmanlaw.com or call our office today to speak to an attorney to receive accurate and reliable legal advice.