Injuries Covered Under FELA For Railroad Worker Accidents

Railroaders have been part of a dangerous but necessary industry throughout much of America’s history.  Sadly, many have suffered tragic and life-altering injuries with little recourse for compensation most of that time.  That is, however, until Congress passed the Federal Employers Liability Act (FELA) in 1908, putting protections in place allowing victims of railroad worker accidents to contact experienced FELA lawyers to file FELA lawsuits and recover damages and compensation for their injuries.  The key to being able to recover this compensation and win FELA lawsuits is retaining an experienced FELA lawyer who can prove the liability of the railroad companies or other employees of the company. 

This Act made it easier for lawyers to prove liability by incorporating a “featherweight” burden of proof into FELA lawsuits.  By merely showing evidence that defendants were negligent in any way in injuries resulting from railroad worker accidents, courts generally grant compensation to victims of railroad worker accidents. 

In addition, even if the victim of railroad worker accidents and their employers share liability for the injuries that result, the court generally awards compensation based on the percentage of fault assigned to each party.  That means that if a FELA lawyer can prove that the defendant is 75% liable in a $100,000 FELA lawsuit, the defendant has to pay $75,000 in damages, leaving the plaintiff responsible for the remaining $25,000. 

In addition, not just victims of railroad worker accidents can engage lawyers to file claims.  The families of victims of railroad worker accidents who are killed also have the right to retain lawyers and file FELA lawsuits. 

Covered FELA Injuries
A wide range of injuries suffered by railroad worker accidents can be covered by FELA lawsuits.  However, the two main categories are repeat motion or slow developing illnesses and injuries, and “date certain” railroad worker accidents that occur at one point in time, though they may take an extended time to heal or they may become permanent disabilities. 

Repeat motion injuries are common in railroad worker accidents.  These kinds of railroad worker accidents can be a bit more complex for lawyers to pursue because they take time to appear or be diagnosed.  That influences the statute of limitations on railroad worker accidents which is three years from the time an injury occurred, or from when the victim reasonably should have become aware of the injury.  In addition, a FELA lawyer must be able to prove that the source of these railroad worker accidents actually was negligence on the part of the employer to cause that injury in order to have grounds to file a lawsuit.

Some of the FELA injuries that fall in this category of railroad worker accidents are

• Lung cancer, emphysema, or chronic obstructive pulmonary disease
• Carpel Tunnel Syndrome
• Tinnitus from exposure to loud noises

“Date certain” railroad worker accidents, on the other hand, occur at a specific point in time and are easier for a FELA lawyer to identify and pursue.  Because the time factor is more precise, it is easier for a lawyer to pinpoint the negligence that may have caused these railroad worker accidents and win your lawsuit.  Some of these “date certain” injuries from railroad worker accidents can include

• Broken bones or fractures
• Head and neck injuries
• Sudden, dangerous exposure to toxic substances, chemicals, or asbestos
• Amputations
• Strains, sprains, or burns

These are the most common types of railroad worker accidents, and can be easier for to prove. 

There is one final category of railroad worker accidents that can simply include slips, falls, and trips.  They are also “date certain” events, and they are eligible to pursue a legal claim.

FELA Compensation
No matter what type of railroad worker accident an employee suffers, the goal of a FELA lawsuit is to compensate the victim.  Whoever is proven to have been somehow negligent, causing those injuries, is the defendant in the lawsuit.  There are three areas of compensation covered by FELA:

• Past and future medical expenses
• Past and future lost wages
• Past and future pain, suffering, and mental distress

Guidelines for Filing FELA Lawsuits
In many cases, FELA lawyers attempt to negotiate for a settlement.  If those negotiations fail, the next step is for the lawyer to argue that railroad worker injury lawsuit before a judge and jury.  It is important to locate a skilled FELA lawyer to help you pursue your railroad injruy lawsuit to a successful conclusion.