In 1908, congress passed the Federal Employers Liability Act in order to give railroad workers who are injured on the job a means of legal recourse and protective rights. Under FELA, injured railroad employees can file railroad lawsuits directly against the company if they can prove negligence in causing the injury. Commonly reported injuries suffered by railroad workers include slips and falls, repetitive motion injuries, tendonitis, bursitis, mesothelioma, asbestosis and lung cancer.
Free Train & Railroad Accident Lawsuit Evaluation: If you or a loved one has been injured in a train or railroad accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.
Update: Louisiana Man Alleges Cancer from Railroad Work
July 13, 2017 – A man from St. Tammany Parish, Louisiana, who formerly worked as a railroad carman/mechanic has filed a lawsuit alleging that exposure to hazardous chemicals caused his kidney cancer. The Illinois Central Railroad Co. is responsible for the injury because it failed to supply and maintain a safe workplace, according to the lawsuit.
How Does FELA Work?
In the case that a railroad employee is injured on the job, the term ‘negligence’ refers to the railroad’s failure to do something it should have done or having done something it should not have done. Railroad companies can be found negligent in cases where they:
- fail to provide a safe work environment;
- fail to provide proper tools or equipment;
- fail to perform frequent inspections and maintenance;
- fail to adequately train their employees.
Under FELA, railroads can also be found liable if they violate statutes that were enacted to protect railroad employees. These laws were passed to ensure that all railroad workers have a safe working environment by setting rigorous standards for maintenance, rules regarding the use and handling of hazardous materials, and acceptable working conditions.
FELA has also established that a railroad company’s negligence need not be the sole cause of an accident. If the company is ruled to be at fault even to a slight degree, it may be found negligent and the injured employee has the right to recover compensation.
Unlike worker’s compensation laws, FELA cases are not bound by a predetermined maximum level of compensation. Instead, railroad injury rulings are based on a number of factors including:
- lost wages;
- pain and suffering;
- out-of-pocket expenses;
- impairments to quality of life.
Do You Have a Train & Railroad Accident Lawsuit?
The Workplace & Environmental Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in train & railroad accident lawsuits. We are handling individual litigation nationwide and currently accepting new personal injury cases in all 50 states.
Free Train & Railroad Accident Lawsuit Evaluation: If you or a loved one has been injured in a train or railroad accident, you should contact our law firm immediately. You may be entitled to compensation by filing a railroad injury accident suit and we can help.