When we hear of train accidents or railroad-related injuries, often the only victims we hear about are the passengers on the train. However, what happens to railroad employees who were injured either in an accident or while at work? There are different procedures for how they are able to file a claim and secure the compensation they need for medical expenses and lost wages. Whether it was due to hazardous working conditions, dangerous and toxic materials, failure to uphold safety standards, or gross negligence on the part of the employer or another employee, the injured worker could be entitled to damages for what they went through.
According to the Federal Railroad Administration, there are been over 100,000 train and railroad accidents over the past ten years. Of this number, nearly 7,000 railroad employees were killed and over 77,000 were injured. This shocking number goes to show that this is a major problem in the U.S., one that needs to be addressed. In order to attempt to protect railroad workers, the Federal Employers Liability Act (FELA) was established in 1908. Around the time when this piece of legislation was created, the railroad industry was exploding, with new railroad lines being built throughout the country. Unfortunately, this was also a dangerous occupation and the government did not want to leave these workers unprotected should they suffer harm on the job.
Title 45 of the FELA states that anyone who is injured or killed as a railroad employee is entitled to compensation. This could be for family that is left behind in wrongful death cases or for medical expenses that were incurred as a result of their accident. Even though the rights of employees are protected under this law, if it is not enforced, it is completely useless. If you or a loved one were injured but are not being treated as this law requires, you may need a legal representative to help stand up for your rights. You should not have to suffer needlessly because of the carelessness or negligence of someone else.
The work that railroad employees have to undertake is, by nature, dangerous. However, even though employers know this, they may still prove to be reluctant to provide compensation to their employees who have suffered while working for them. Unfortunately, less than one percent of all reported accidents are investigated by the Federal Railroad Administration due to lack of resources and manpower. Knowing this, it is even more important to have a strong advocate on your side to investigate your situation and fight to provide you with the help you need.
What are some of the types of injuries or illnesses that are common to railroad workers? Injuries such as broken bones, amputations, lacerations, head trauma, and more can result from heavy machinery and falling debris. However, some injuries can result from illnesses that were sustained over time. For example, exposure to asbestos, chemicals, and other toxic materials can result in lung cancer, asbestosis, mesothelioma, and even leukemia. These illnesses can lead to long-term complications and even death. If exposure to these hazards can be linked to employer negligence, you could have a case under the FELA.
It is important to remember that just because you were injured does not automatically mean you are entitled to compensation under the FELA. In order to have a case, you must first prove that your injuries resulted from the negligence of your employer. However, if you are able to prove this negligence, you could receive a greater financial award than you would have under worker's compensation. Please, contact a personal injury lawyer with experience in this area of law so that you will have the greatest possible chance of receiving the compensation you need to get your life back to normal.