Railroad workers are twice as likely to die on the job compared to the average American worker. As a railroad worker, you face all threats that could arise from dangerous chemicals, negligence, poor communication, defective equipment, and freak accidents. Thankfully, the law recognizes the risks railroad workers face and thus has established a system for compensating those injured or killed on the job. After you or a loved one suffers an injury on the railroad, you can begin the compensation process by working with a qualified attorney. The Workers Compensation Lawyer Law Firm has expertise in workplace injuries and compensation for railroad workers and their families.

Common Types of Railroad Injuries

All workplaces carry a certain degree of risk to their workers. However, railroads expose their workers to more risks due to the amount of equipment, machinery, and tools required to keep a railroad running.

Some of the common injuries railroad workers might sustain include:

Cumulative Trauma

Railroad workers often engage in repetitive work, which involves regularly using certain areas of their bodies. This overuse results in wear and tear over time, leading to musculoskeletal issues.

The most common cumulative trauma and repetitive stress injuries for railroad workers include:

  • Carpal tunnel syndrome is a common injury amongst railroad workers. It occurs due to repetitive motion, forceful gripping, exertions, and vibrations that railroad workers experience when working. This repeated stress causes micro tears in their muscles and tendons while denying them sufficient time to recover from these micro-injuries. Over time these injuries become permanent resulting in carpal tunnel syndrome.
  • Lateral epicondylitis (tennis elbow) is an injury arising from hand and wrist overuse, resulting in pain, tenderness, and inflammation at the outside of the elbow.
  • Hearing loss and deafness. Railroad workers are exposed to a dangerous level of noise every day. This exposure contributes significantly to hearing loss.
  • Lead poisoning. Railroad workers who work closely with or around trains and railways are at a higher risk of lead poisoning. Continuous exposure to lead increases the risk of permanent damage to internal organs, not to mention the interference with your bones and muscles. Lead poisoning could be acute – the symptoms alleviate when exposure ends. Lead poisoning could also be chronic, and you are likely to develop long-term problems such as slurred speech, insomnia, headaches, abdominal pain, and nausea.
  • Most railroad operators use asbestos, which, when inhaled, could result in symptoms such as chest pain, clubbed fingers, coughing, and shortness of breath. Continued exposure to asbestos could result in lung damage, necessitating a lung transplant. In addition to asbestosis, railroad workers regularly exposed to asbestos are likely to develop mesothelioma, a rare form of cancer.

Head Injuries

Falling cargo, loose tools, and slip and fall accidents can cause head injuries for railroad workers. These injuries can vary in their severity depending on the safety precautions taken. For example, wearing a helmet can significantly reduce the impact of an injury from a falling tool. However, it might not be as effective against falling cargo.

Burns

Railroad workers are at risk of burns from:

  • Collisions with vehicles carrying explosive materials
  • Trains catching fire after a derailment
  • Electrical injuries
  • Acid and chemical burns
  • Engine fires
  • Faulty equipment

These injuries can result in severe burns for the victim and death. These injuries, especially when they cause third to fourth-degree burns, require extensive medication, surgeries, and other corrective procedures.

Electrocution

Railroad workers are at an increased risk of electrocution. The risk increases where safety standards are ignored and maintenance on electric fixtures neglected.

Electrocution can result in severe injuries or the death of the victim. Some common electrocution injuries include:

  • Nerve damage
  • Injuries from falling after electrocution
  • Severe skin burns
  • Cardiac arrest
  • Heart palpitations
  • Organ, muscle, and bone damage
  • Post-traumatic stress

Crush Injuries

Railroad workers are surrounded by heavy machinery and equipment, which creates the risk of crush injuries. Defective equipment and poor maintenance could lead to failures, resulting in crush injuries. For example, if a lifting device is faulty, the worker could suffer a crush injury when attempting to lift heavy cargo.

A worker could also be caught in between two large pieces of equipment or machinery, resulting in various injuries as follows:

  • Fractures
  • Nerve damage
  • Lacerations
  • Bleeding
  • Muscle damage

Death is also a possible outcome of crush injuries.

Death

The environment railroaders work in exposes them to the risk of death from the heavy machinery, equipment, and trains. They could be involved in slip and fall accidents, crush injuries, chemical exposure, and other injuries – most of which could kill.

When a railroad worker dies on the job, their family is entitled to compensation under workers’ compensation regulations.

Note: some railroad injuries could worsen an existing condition. In this case, you are still entitled to compensation for worsening your underlying condition. However, you must be honest about the underlying condition in court.

Compensation for Railroad Injuries

Injuries sustained on the job can keep you out of work for several weeks or months, depending on the severity of the injury. Sometimes, you could become permanently disabled, therefore, unable to work. These injuries could also require extensive medical care and rehabilitation before you can return to work.

Due to the nature of work and environment railroad workers are exposed to, the Federal Employers Liability Act (FELA) was developed to guide railroad workers' compensation.

FELA recognizes the dangerous conditions that come with employment in the railroad industry. Unlike state-based workers’ compensation regulations, FELA allows an injured worker to sue their employer for damages in federal or state court.

The injured worker also has a lower burden of proof as the Act only requires that the injured party show that the employer’s negligence caused or was a contributing factor to their injuries. Family members of a deceased worker can also file a claim under FELA if their loved one died due to a railroad injury they sustained on the job.

Compensation under FELA is based on establishing the negligence of the employer. Railroad employers show negligence when:

  • Failing to provide employees with fully functional safety equipment and gear
  • Failing to train (or poorly training employees)
  • Failing to supervise employees as they perform hazardous tasks
  • Enforcing unreasonable quotas and service hours that undermine safety efforts
  • Failing to inspect the workplace for hazards
  • Failing to fix known issues within a reasonable timeframe
  • Failing to adopt and enforce federal and state safety requirements

FELA relies on the comparative negligence rule when determining responsibility for a railroad injury. Therefore, even if the employer's negligence was responsible for 10% of the outcome, you could sue to recover these damages.

When filing a lawsuit under FELA, you must prove the following:

  • The injury occurred while working for your employer on or off the railroad premises
  • The railroad is engaged in interstate commerce in at least two states
  • The railroad contributed in some way to the injuries

If you are injured at your work, you are eligible for the following compensatory damages:

  1. Lost Wages

Most railroad injuries are severe enough to lead to a few weeks of missed work. When you miss work or lose an income due to a railroad injury, you are entitled to compensation for the wages you would have earned.

When claiming lost wages, you must prove that the employer’s negligence played a part in your injuries. Damages for lost wages can include:

  • Overtime pay
  • Regular pay
  • Benefits/ perks you lose while recovering

Calculating lost wages is easy, especially if you are paid a fixed wage and work regular hours. Some documentation that can help with your case include:

  • A lost wages letter from your employer
  • Past pay stubs and tax return documents
  • Your employer’s policy on bonuses, overtime, and commissions

  1. Medical Costs

You are entitled to compensation for your medical bills if you prove that your employer's negligence contributed to your injuries. Calculating damages for medical bills is straightforward. You need to present copies of all the medical expenses you incurred since the day of the injury.

In addition to the current and past medical bills you have incurred due to the accident, you can recover damages for future medical bills. Some injuries require lifetime medical care and rehabilitation to manage, creating an additional medical expense burden.

Damages for future medical expenses also require the participation of an expert witness such as:

  • A medical doctor will educate the court about your condition and the expected progression, including additional medical care that you will need in the future.
  • An economist who will provide further insight into the cost breakdowns and analysis of your future medical bills

Unlike pain and suffering damages, medical costs are not taxable. You must provide evidence of medical treatment and diagnosis when claiming medical damages. The court might require older medical records, especially if you have a preexisting condition or need to demonstrate that your condition has worsened over time (cumulative trauma injuries).

  1. Lost Earning Potential

Some injuries are so severe that you lose your ability to pursue a career. Damages for lost earning potential are awarded to victims of railroad workplace injuries who cannot continue working or lose the ability to work at their previous level due to an injury.

Damages for lost earning potential are available to injured parties who lose their ability to work temporarily or permanently. This means that you needn’t have developed a permanent injury.

The court accounts for the victim's age, health, and career potential before awarding damages for lost earning potential. For instance, a young person in their 20s is likely to be awarded more than a 50-year-old railroad worker who suffered a similar injury.

Other factors that influence the value of lost earning capacity damages include:

  • The victim’s average life expectancy before the injury
  • The age
  • The length during which the injury or disability could last
  • The number of years before the victim’s retirement
  • The past income or earnings of the victim
  • The terms of employment
  • Opportunities for career growth in the victim’s industry
  • The victim’s long-term career goals and opportunities

Expert witnesses are often required in these cases to help calculate the potential earnings you would have earned without the injury.

  1. Pain and Suffering

Pain and suffering damages compensate you for the mental and physical pain you experience from a work-related injury. These damages cover:

  • Psychological trauma
  • Shock
  • Scarring
  • Emotional distress
  • Grief
  • The inability to engage in activities you previously enjoyed
  • Reduced quality of life

Pain and suffering damages are not easy to calculate as it requires the subjective assignment of monetary value on pain and suffering. Despite being subjective, the court still uses objective evidence to establish how much pain and suffering a person in your condition would experience and the fair monetary value for that pain.

Some of the evidence includes:

  • Medical records showing the treatments you received
  • Physical photos of your injuries to show the severity of an injury
  • A comprehensive note from your doctor or therapist
  • Video evidence of your activity levels before and after an injury
  • Expert testimony

Most courts use the multiplier method to determine the value of pain and suffering damages a claimant should receive. They do this by first calculating the economic damages and then multiplying them by a number (1-5) based on the severity of your injury.

Claimants with severe injuries have pain and suffering damages calculated using a higher multiplier (4 or 5). Severe injuries include:

  • Disability
  • Needing lifelong medical care from your injuries
  • Developing severe pain from the injuries
  • Reduced quality of life

  1. Loss of Consortium

The loved ones of an injured railroad worker can seek loss of consortium damages for the emotional distress they experience from their loved one’s injuries. Damages for loss of consortium cover:

  • The mental and emotional anguish of seeing their loved one suffering
  • Loss of marital benefits if the victim’s injuries affect their sex life
  • Lifestyle changes to accommodate their loved one’s injuries

Loss of consortium damages is available to spouses and domestic partners of the injured spouse. To get these damages, you must prove that:

  • You were the lawful spouse of the injured victim at the time of the injury
  • The victim suffered a workplace injury
  • The extent of your loss of consortium
  • The defendant (railroad employer) was in part responsible for the victim’s injuries

  1. Wrongful Death

Wrongful death benefits are compensation available for the family of the deceased railroad workers. If the family can prove that their loved one died due to a railroad injury, they are entitled to compensation.

Some of the people who can file for wrongful death benefits following a railroad injury include:

  • Surviving spouses or domestic partners
  • Children
  • Grandchildren (where the deceased’s children are dead)
  • Other minor children who depended on the victim for at least 50% of their financial needs

Wrongful death benefits are also available where the cumulative trauma and exposure your loved one faced led to their death.

FELA allows the deceased’s loved ones to claim compensation for:

  • Pain and suffering
  • Lost wages (past and future)
  • Loss of consortium
  • Medical expenses the deceased might have accrued before their death
  • Burial and funeral expenses
  • The financial support the disease would have contributed to the family throughout their life
  • A reasonable value of the deceased’s contribution to household services

Working with a Railroad Injury Attorney

Unlike other workplace injuries, railroad employees can sue their employers for damages when injured, sickened, or killed on the job. It is hard to navigate the court system and get a good outcome, especially if you were seriously injured.

Working with an attorney makes the process easier as you can focus on your recovery while your attorney deals with the legal aspects of your case.

One of the requirements your attorney will have is documentation and evidence. While the burden of proof under FELA is lower than that of the average personal injury case, you still need to present evidence of your injuries and the employer’s negligence.

Most workers’ compensation claims do not begin in court. Instead, you (the claimant) will negotiate with your employer through a series of mediated talks. If you are dissatisfied with what the employer is offering, you can escalate the matter to a federal or state court.

What is Your Claim Worth?

The value of a railroad injury claim varies vastly depending on the following:

  • The type of injury
  • The short- and long-term impact of the injury
  • Age
  • Your health
  • The time it takes to recover from the injury

It is usually impossible to calculate the value of a claim, especially when you include pain and suffering as part of the claim. You can ascertain some of the economic damages based on the lost wages and the medical bills you have incurred.

You’ll find that the value of FELA cases can be worth a few thousand dollars while others are worth millions.

Common Mistakes to Avoid When Injured on the Job

When workers are injured on the job, they turn to their employer for compensation. For railroad workers, the laws differ from local workers' compensation regulations. Therefore, you cannot deal with the process as you would a regular workers’ compensation claim.

Some of the common mistakes railroad workers make when they are injured include:

  1. Delaying Medical Care

Whenever you are injured at work or due to repetitive trauma from your job, you should seek medical attention immediately. Most people suck it up until their condition worsens, which could give your employer the chance to question the origin and legitimacy of your injuries.

Getting medical attention as soon as you are injured or notice signs of injury allows you to collect sufficient evidence of your injury's impact right from the beginning. When you visit the doctor, you should mention that you were injured on the job.

  1. Dealing Directly with your Employer

You should inform your employer when you are injured on the job. However, dealing directly with them regarding your compensation can be a huge mistake, especially when you suffer a severe injury.

When you are injured on the job, your employer bears responsibility for compensating you. Your employer will look for information that can help them get out of compensating you or pay the least possible amount for your injuries.

Your employer might also use your direct interaction with them as an opportunity to glean information that could be used against you should the case go to court.

What you should do instead is to contact an attorney and begin the claims process. Your attorney will work on your case through the mediation and trial (should the case go to court).

  1. Admitting Fault

The FELA act works on a comparative fault basis, meaning that your compensation reduces based on your percentage of fault in the accident. Admitting fault, especially to your employer's agents, is akin to giving them ammunition with which to shoot you.

What you should do instead is to stick to the facts of the case when questioned about the accident. Do not embellish the accident report or answer questions beyond any verifiable evidence.

  1. Failing to Contact an Attorney

When you suffer a minor injury that does not impact your ability to work or your life in another way, you can negotiate a fair settlement between you and your employer.

However, significant injuries and debilitating occupational illnesses raise the stakes for employers. You are less likely to return to work, and your damages are likely higher. Therefore, the employer will work to reduce the claim value by working with an attorney.

Failing to secure an attorney means you are setting yourself up for failure. Your best bet is to hire a workers’ compensation attorney who understands FELA claims.

  1. Failing to File a Claim in Time

FELA lawsuits have a three-year statute of limitations. You are supposed to file your claim within three years of the injury or lose your rights to seek compensation. The statute of limitation starts counting the day you were injured or became aware of the injury.

Find a Railroad Injury Attorney Near Me

When you or a loved one is injured or killed due to a railroad accident, working with an attorney should be one of your top priorities right after getting medical care for your injuries. An attorney will help you gather relevant evidence and defend your claim through arbitration and trial if necessary. The Workers Compensation Lawyer Law Firm works with railroad workers injured on the job, helping them file a case and defend their claims. Call us for a consultation at 424-501-9228.