RAILROAD WORKER INJURIES
A Guide
AND THE FELA
Railroad employees –railroaders – perform on-the-job duties that are crucial to the U.S. infrastructure and economy.
But those same jobs also subject railroaders to physical stress, injuries, and hazards.
Signal malfunctions, brake failures, defective equipment, poor communication, dangerous chemicals, and other unsafe conditions can cause serious harm to railway workers.
According to the Bureau of Transportation, in 2019 there were:
3,915
RAILROAD WORKER INJURIES
RAILROADER INJURIES
That is down slightly from 3,942 injuries in 2018.
What is the FELA?
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The Federal Employers Liability Act (FELA) is the federal statute that protects railroad employees’ rights.
FELA FACTS
The law also protects the rights of the family when a railroad worker is killed on the job. FELA is a railroad worker’s sole remedy for damages for personal injuries or death.
FELA FACTS
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How is FELA protection different from workers' compensation?
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FELA protection differs from the workers’ compensation insurance provided in other industries in one critical way:
FELA is a fault-based system.
FELA v. WORKERS' COMP
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This means workers must establish fault on the part of the railroad, its officers, agents, or employees to obtain compensation for their injuries.
FELA v. WORKERS' COMP
What is Covered by the FELA?
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FELA PROTECTION COVERS
Bodily injuries
Repetitive stress injuries
Wrongful death
FELA PROTECTION COVERS
Injuries due to asbestos or chemical exposure
Cumulative trauma injuries
What is cumulative trauma?
Over time, railroaders can sustain cumulative, even permanent, trauma to their bones, joints, muscles, tendons, spinal cord, and nerves.
CUMULATIVE TRAUMA
Whole body vibration Toxins Repetitive motion Loud noise Difficult or sustained body positions
CAUSES INCLUDE:
CUMULATIVE TRAUMA
Compensation for Railroader Injuries
Wage loss Loss of benefits Medical expenses Rehabilitation costs Pain and suffering Humiliation Loss of enjoyment of life
DAMAGES FOR AN INJURY CAN INCLUDE:
CONTACT AN ATTORNEY
The railroad injury attorneys at Sommers Schwartz have a long history of handling FELA cases.
We serve as designated counsel for the Brotherhood of Railroad Signalmen, the Transportation Communications Union, and Local 2051 of the Transport Workers Union of America.