Railroad Worker Injuries: Everything You Need To Know About FELA Claims
When railroad workers are injured, they can’t make a Worker’s Compensation claim as it is not available to Federal employees aren’t eligible for Worker’s Compensation. Instead, employees must make a claim under the Federal Employers’ Liability Act, or FELA. If this applies to you or a loved one, then is is recommended that you schedule an appointment with a board certified Texas personal injury attorney to discuss you personal situation and right to compensation.
FELA law is extremely specialized, and is designed to minimize the government’s exposure to legal liability while still offering some measure of protection to federal employees.
Railroad Worker Injuries
Railroad workers are subjected to some extremely harsh and difficult physical conditions in their every-day jobs. Railroad workers may suffer injuries due to accidents on the job, or may suffer repetitive motion injuries or cumulative trauma injuries over time. Because much railroad work involves repetitive motion, certain parts of the body may simply ‘wear out’ over time. You might require surgery to deal with your cumulative trauma injuries, or you might even become disabled due to the extreme physical conditions.
Common types of repetitive motion injuries that railroad workers suffer include:
Spine injuries
Neck injuries
Back injuries
Shoulder injuries
Knee injuries
These parts of the body can be damaged by the heavy lifting or vibration inherent in the repeated exposure you get through the course of years of railroad work, and can cause moderate to severe cumulative trauma injuries.
Railroad Workers’ Exposure to Toxic Chemicals
Railroad work isn’t just hazardous due to the potential for accidents and repetitive motion injuries. Many railroad workers are also exposed to toxic chemicals, which can cause brain damage and other long-term medical conditions. CSX, one of the largest railroads in the United States, has paid out on more than 466 solvent exposure claims.
In these cases, the railroad workers have been exposed to toxic chemicals over time and have suffered brain damage and other long-term medical conditions. Toxic Encephalopathy is one potentially serious debilitating illness that medical professionals estimate thousands of railroad workers may have been exposed to, but might not even realize it.
What Benefits Does FELA Offer?
In some ways, FELA functions similarly to Worker’s Compensation. In other ways, though, FELA offers superior protection. For example, FELA allows monetary payouts for medical bills, lost wages and pain and suffering based on comparative negligence. Compare that to Worker’s Compensation, where employees receive payouts based on a specific payment schedule that may not be related to the pain and suffering or comparative negligence that caused the injury.
Mark Anderson has been practicing personal injury law since 1991 and is recognised as one of the best attorneys in his field.
Mark is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization – a distinction held by fewer than 2% of Texas lawyers. He was selected as a life member of the Multi-Million Dollar Advocates Forum as recognition for his success in recovering compensation for his clients. He has been honored with the prestigious AV Rating by the Martindale Hubbard System and has been rated 10/10 (the highest level possible) by the AVVO Rating System which ranks attorneys based on experience, conduct and industry recognition. Mark was selected as a Top Personal Injury Attorney by Fort Worth Magazine in 2009 and 2010.
For more information about Mark, see his biography.
