Railroad work is not merely driving a train or flipping switches to ensure that trains do not collide. It can be dangerous, as keeping railway travel safe includes inspecting trains, tracks, and equipment. So, when train accidents or mechanical failures occur, railway workers are on the scene, potentially exposing themselves to dangerous chemicals and conditions. The work can leave workers injured or sick in New Jersey. Fortunately, railroad works are not left without recourse to obtain compensation.
FELA Claims: Compensation for NJ Railroad Worker Injuries
When railroad workers suffer injuries or illness from their work, they have recourse through FELA, the Federal Employees Liability Act. Like worker’s compensation, a FELA claim compensates railway workers for employment injuries or illnesses. However, worker’s compensation is a no-fault insurance program, while FELA is not. In other words, FELA compensation applicants must prove that their injuries or illnesses result from their employers’ negligence.
A Closer Look at the Federal Employers Liability Act (FELA)
FELA is a legal vehicle that safeguards railroad employees against negligent employers and others who expose workers to harmful workplace conditions. Workers and their families who benefit from the FELA may claim reimbursement for financial losses from injuries and deaths caused by unsafe employment conditions.
Early Railroad Dangers and The Creation of FELA
FELA came about because a federal protection act was necessary early in the 20th century when too many railroad workers were hurt or suffered illnesses from chemical exposure and asbestos exposure from their jobs. At the time, railroads were unusually dangerous since the industry lacked adequate safety laws, practices, and procedures.
Interstate Railroad Protection Under Federal FELA Law
Since railway employees crossed state lines on the job, the federal government stepped in to ensure workers doing an inherently dangerous job had protection and compensation. Thus, the FELA of 1908, as amended, permits all railroad workers to file compensation claims.
On & Off the Tracks Coverage: Who Can File a FELA Claim?
In other words, almost any railroad employee can file a FELA claim, whether they work on or off the trains. That includes anyone from clerical workers to engineers. Thus, those on the front lines who face the most dangers are covered, like conductors and engineers. They risk injury from train crashes or illnesses from exposure to carcinogenic diesel exhaust and smoke.
Those who repair and maintain the tracks and trains are also covered. They risk life-threatening injuries, like electrocution or loss of limb while working with heavy machinery. Signalers responsible for installing, repairing, and maintaining the signal systems are equally exposed to dangers like falling from deadly heights.
Others responsible for the railway system’s behind-the-scenes management and on-the-cars environment, like yardmasters and onboard service personnel (porters, food servers, etc.), are either among or on moving train cars. As such, they are likewise endangered by moving trains and exposure to carcinogens and are eligible to file under the FELA.
From Immediate Injuries to Progressive Health Issues, The Impact of Railroad Accidents in NJ
Railway accidents occur and injure workers and passengers for various reasons. Engineers and conductors get distracted, tracks may be defective, or mechanical defects may cause derailments or collisions with other trains. The most serious injuries, including broken bones, traumatic brain injuries, spinal fractures, burns, and death, result from these accidents.
Also, accidents inside the train may cause injuries, such as plumbing leaks or spilled drinks or food that cause slip and fall accidents. These, too, can cause broken bones, concussions, bruises, whiplash, spinal cord fractures, and sprains. Additionally, equipment failures can lead to steam and other burns, decoupling of train cars, and electrical fires, resulting in a variety of lethal injuries.
In addition, the daily job performance may injure workers over time with exposure to carcinogens that leave workers sick or dead from occupational diseases like mesothelioma, asbestosis, lung cancer, Hodgkin’s disease, leukemia, and melanoma. And repetitive stress injuries from throwing switches, fixing trains, or operating them can lead to chronic pain from physical back bending labor and shoulder, hand, wrist, elbow, knee, and other joint injuries. Hearing loss is another common workplace injury from the loud work environment.
Necessity for Negligence in FELA Claims for Injured Railroad Workers
Any number of causes of employee injuries can support a FELA claim, such as another employee’s negligence, lack of equipment or environmental safety, unsafe procedures, or employers’ failure to adequately train, instruct, or supervise employees.
So long as a railroad employee was injured “in the scope of employment” that contributed to furthering the employer’s business, the employer was negligent, and such negligence caused the employee injury, the employee can file a FELA claim.
Prevalent Types of Railroad Safety Violations and Negligence
Many instances of employer negligence include failing to provide a safe working environment. For example, employees get hurt when an employer does not have safety protocols or enforce them. Enforcing rules for staying alert, using the right tools for the job, and following instructions from other employees for safe track crossing.
Inadequate training is another source of injuries when employers fail to properly instruct or supervise employees on performing dangerous work or using defective equipment, such as power tools and heavy machinery, can injure workers when they are not working properly or used properly, for example, without safe clothing, helmets, eyewear, hearing protection, and harnesses.
Maintaining unsafe conditions and practices may also violate the safety regulations of the Federal Railroad Administration, the agency responsible for establishing safety standards for the railroad workplace.
Securing Your Financial Future Through FELA Compensation after Railroad Work Injuries
When negligent railroad employers cause worker injuries, they are eligible under FELA to claim compensatory economic damages, such as medical expenses for past and future treatment and rehabilitation and lost wages past and future for missing work, including lost benefits and lost earning capacity due to a permanent injury. Noneconomic damages include pain and suffering from injuries or illnesses and emotional distress like anxiety, depression, and mental anguish.
Your Complete FELA Claim Journey in New Jersey
To file a FELA claim:
- An employee first files a written report with supporting documents and submits it to the employer.
- The employer investigates the claim for negligence on the employer and employee’s part, if any. A claim will only succeed with a finding of negligence.
- The employer can dispute the claim by pointing out the employee’s own contributory negligence in their injuries. A reimbursement claim may be reduced by the percentage of the employee’s responsibility for their injuries.
- The parties may settle the claim themselves or, if not possible, will take it to a judge or jury to decide the award amount.
Maximize Your FELA Claim Compensation with Assistance from our New Jersey Railroad Work Injury Attorneys
When you have a FELA-qualified injury, you want to make sure you follow procedures and prepare a sufficiently supported report and claim so your compensation is promptly paid. With the help of an experienced New Jersey Railroad Worker Injury attorney at Cohen & Riechelson, you can save time and feel assured that you will get the compensation award you deserve. Our team of FELA lawyers can help you assemble the supporting documents, convincing evidence of who is at fault for your injury, and important information to maximize the monetary recovery in your case. Also, should an employer dispute your claim, we will communicate and advocate on your behalf to resolve the issue in your favor.
With in-depth knowledge of the law and procedures of FELA actions in New Jersey, our skilled attorneys will highlight your employer’s negligent acts and downplay any other contributing factors that allegedly caused your injuries while working as a signalman, yard worker, mechanic, electrician, on a bridge or track maintenance crew, or in another role in the scope of your employment for the railroad.
Our experienced New Jersey FELA lawyers will use all of our talents to strategize for your case and ensure that you are justly compensated for your railroad employment injuries in Princeton, Trenton, Hamilton, Ewing, Lawrence, West Windsor, Robbinsville, and throughout New Jersey. Call (609) 528-2596 to speak with a lawyer who knows FELA claims inside and out. Consultations are provided at no cost, and we are pleased to assist you.
