Railroad Injury Lawyer

In 1908, the Federal Employers’ Liability Act was passed by Congress. After recognizing the dangers inherent in being employed by the railroad industry, FELA was created so that employees could be compensated fairly for any injuries they sustained while on the job.

Before FELA was enacted, death and injury statistics among railway workers were horrendous. For example, in 1889, railroads were responsible for more than 20,000 injuries and 2,000 deaths in one single year. A brakeman’s average life expectancy was roughly six years from his hire date, making it one of the most dangerous occupations in the United States. Although railroad safety has vastly improved during the past 136 years, it is still one of the most dangerous jobs in America.

FELA aims to facilitate a safe working environment and fairly compensate railway workers when they are injured due to employer negligence. It is the sole legal curative for railway workers seeking financial compensation from their employer for job-related injuries or deaths.

The Norfolk FELA lawyers at Shapiro, Washburn & Sharp have more than a century of combined experience, and a big part has been in representing injured railroad workers in state and federal courts. We have achieved successful outcomes in numerous FELA cases against prominent railroad companies, including Norfolk Southern, CSX, Amtrak, and other short-line railroads as well. Engineers, brakemen, conductors, switchmen, track maintenance workers, car repair personnel, and signal repair workmen have all retained us many times. If you are a railroad worker who was injured “east of the Mississippi” and whose injuries were the result of railroad employer negligence, call us today to schedule a free consultation.

Who Can File a FELA Claim?

The FELA protects all railway workers employed by common carriers that participate in interstate commerce, such as engineers, conductors, electricians, carmen, maintenance of way/trackmen, machinists, building & bridge workers, signal maintainers, sheet metal workers, pipefitters, yardmasters, carpenters, laborers, and welders.

Additionally, for the benefit of the worker’s children and surviving spouse, wrongful death claims may be pursued. If the worker was unmarried and had no children, then their parents are the next in succession to bring the claim. In the absence of surviving parents, the next of kin dependent on the worker will be able to file the claim. In any case, the person who files a FELA wrongful death claim has to be the representative appointed by the estate.

What Must Be Proven to File a Successful FELA Claim?

Different from workers’ compensation laws, which offer financial compensation for work-related injuries regardless of employer fault, the FELA is fault-based. In other words, remuneration requires clear proof that railroad negligence contributed to the worker’s injury.

Negligence can be demonstrated in various ways, but it is typically established by proving that the railroad company failed to provide reasonably safe working conditions. If a railroad fails to provide a safe working environment, and that negligence contributes, in part or in whole, to an injury, then the railroad is responsible for any damages arising from its oversight or carelessness. This can be the negligence or carelessness of a co-worker or supervisor or a worker not even on your crew. If the worker is found partly at fault for their injuries, the FELA makes it possible for them to be compensated for the portion of their employer’s negligence that contributed to their injury.

An exception to the condition of demonstrating negligence arises in cases where the railroad has violated a federal railroad safety law, such as the Locomotive Inspection Act or the Safety Appliance Act. These laws deal with safety equipment on rail cars and locomotives. Additional federal regulations might also be involved, such as those that require railways to ensure that foliage is adequately managed and that track beds have proper drainage. If a railroad violates a federal safety regulation, or even a state regulation that supplements federal laws, it becomes strictly liable for any injuries, even if the employee was partially or entirely at fault.

What Types of Injuries Result in FELA Claims?

Almost any injury that occurs due to railroad negligence and results in damages will amount to a justifiable FELA claim. Some of the most common causes and types of railway worker injuries are:

Falls, trips, and slips
Crush Injuries
Amputations
Lifting injuries
Switching injuries
Train accidents and derailments
Injuries from alighting and boarding moving equipment
Defective equipment injuries

Along with supplying financial compensation for serious physical injuries caused by performing work-related duties, the FELA also covers injuries caused by toxic exposure. Throughout their careers, most railway workers are routinely exposed to harmful substances, including diesel exhaust, asbestos, creosote, welding fumes, silica dust, and chemical solvents during their careers.

These substances are known to cause multiple types of cancer, such as lung cancer, mesothelioma, bladder cancer, kidney cancer, colon cancer, esophageal cancer, and laryngeal cancer. Many cancers are due to the asbestos insulation railroads used up until very recent years, but the cancers can manifest decades later. Severe respiratory conditions like scleroderma and pulmonary fibrosis have also been linked to chemical exposure among railroad workers. Most of the major railroads were fully aware of the dangers that accompanied exposing their workers to these substances but failed to protect or warn them, which is considered negligence.

What Damages Can I Claim Under FELA?

Even though a railroad’s negligence must be proven under the FELA, it allows for the recovery of actual damages, so the awards tend to be considerably larger than those granted via workers’ comp claims. Damages that can be recovered from a non-jury or jury trial under a FELA claim include:

Out-of-pocket expenses
Past and future earnings
Past and future pain and suffering, including mental anguish
Past and future job benefits
Past and anticipated medical bills
Physical disabilities, scars, and other disfigurements
The value of a severed limb
Economic and psychological loss to your dependents (reliant on the worker’s economic income before their death) in cases of wrongful death

Keep in mind that not all damages are recoverable. Since the FELA is primarily intended to compensate the employee, loss of consortium claims are not permitted. Additionally, no matter how severe the railroad’s negligence was, the FELA does not permit punitive damages to be levied against the railroad.

How Long Do I Have to File a FELA Claim?

A FELA claim must be filed no later than three years from when the injured worker knew, or reasonably should have known, about their injury and its connection to their job. In cases involving death or acute injury, determining the date is easy. However, many injuries, like occupational cancer, take time to develop. In these cases, the clock begins when the employee first knew or should have known that their condition was caused by a hazardous working environment. Because many health conditions can take years after the initial exposure to develop, workers are able to file these kinds of claims well into the future, even after retirement, if their first knowledge of the condition came from the diagnosis by one of their own doctors.

All We Do Is Injury Law

When you work with a Norfolk, Virginia FELA lawyer from Shapiro, Washburn & Sharp, you are partnering with an advocate who understands the details of your case, can conduct an exhaustive investigation and compile eyewitness statements, critical documentation, and other vital evidence that will strengthen your claim and ensure you receive maximum financial compensation. We successfully prosecuted 100’s of FELA cases throughout the entire eastern U.S.A. For example, in one Tennessee case, we secured an $8.6 million jury verdict against CSX Transportation due to occupational exposure to asbestos, diesel fumes, and radiation, which was ultimately settled confidentially for the estate of our client.

If you are a railroad employee who sustained an on-the-job injury or has been diagnosed with an occupational illness caused by employer negligence, contact our nationally recognized Norfolk, VA FELA lawyers by calling (833) 997-1774 or by filling out the contact form on our website to schedule a free case review. Our offices are located in Norfolk, Virginia Beach, Portsmouth, and Hampton, however, our personal injury law firm proudly represents deceased and injured railway workers throughout the eastern United States.

How Does FELA Protect Railroad Workers After On-the-Job Injuries?