RAILROAD INJURIES: Federal Employers' Liability Act (FELA)
The FELA was enacted by Congress in 1908 to address the epidemic
number of work-related injuries and deaths in the railroad industry.
The first worker compensation scheme and industrial safety statute,
the FELA was, in the words of Justice Douglas, "intended
to place upon the railroad employer the burden of the lives and
limbs [and lungs] consumed in the wake of the railroad's dangerous
operations."
» Types:
» Traumatic Date Certain Injury or
Death - In most cases, the railroad/employer bears
responsibility for these injuries because it negligently failed
to take steps to protect the health and safety of its employees.
The railroads, under FELA, have a duty to provide safe places
of work for their employees. This duty extends also to their
tools, equipment and working conditions. If a railroad fails
to take these safety measures, or if an employee is injured
due to the carelessness of any other employee, the railroad
is held responsible and is liable to the injured worker for
any damages he may suffer.
Railroad Fault/Railroader Lack of Fault – Pursuant
to your railroad employer’s safety rules, you, your foreman
and your supervisor are required to obtain a statement as to
how your work-related accident-causing injury occurred immediately.
If it is at all possible, it would be helpful for you to speak
with one of our experienced FELA attorneys before you make a
statement. However, in most situations, this will not be possible.
Therefore, in your initial statement, it is essential that you
clearly place the blame for the cause of the accident on something
that the railroad did, or failed to do. It is equally essential
that your statement clearly states that you complied with all
applicable safety rules at all times, exercised due care and
that your action or inaction played no part in the cause of your
injury.
Prompt Reporting and Legal Counsel – As
emphasized above, your railroad employer’s safety rules
will require you and your supervision to promptly report any
accident-causing injury. You must promptly report your accident
to eliminate the railroad’s opportunity to claim that your
injury occurred off the job. Do not allow your foreman or supervisor
to talk you out of immediately reporting an injury for any reason
(such as maintaining his or your clean safety record).
It is extremely important that you speak with an experienced
FELA lawyer as
soon as possible after your injury to assist you in proper and
prompt
reporting of your accident and to ensure
that you receive prompt and effective medical care.
Processing of US RRB and Supplemental Sickness Benefits – Of
first concern to a railroader who has been injured on the job,
is his family’s need that the time between his injury and
his receipt of sickness benefits is as short as possible. Our
experienced FELA attorneys and staff will provide you with the
necessary US RRB and Supplemental Sickness Forms and coordinate
the completion of those forms by you and your doctor so that
this period of time so significant to your family is as short
as possible.
Importance of Quality Medical Care – Unlike
most state workers’ compensation statutory schemes
(NJ and PA), the railroad employer has no control over your
healthcare providers. You may select the treating physician
of your choice. If specialist care becomes necessary, our
Firm can be of assistance in identifying qualified specialists
in your area.
Our experienced FELA attorneys and staff will additionally
be invaluable in insuring that your work-related medical bills
are paid promptly by your railroad employer claim department.
» Occupational Illness or Death - Even today,
the railroad industry is regarded as one of the most dangerous
industries in the country. However, not all railroad related
deaths and injuries are due to train accidents, derailments and/or
date certain trauma. Every year, hundreds of railroad employees
are diagnosed with lung-related illnesses as a result of their
occupational exposure to numerous harmful materials and substances.
Years of regular, unprotected exposure to asbestos, chemicals,
PCBs, diesel fumes, rail dust and dust particulates, cleaning
agents, and various other harmful substances often results in
a variety of pulmonary conditions and illnesses.
These illnesses can be debilitating, progressive and often
untreatable. When injury to the worker is the result, even in
part, of the negligence or carelessness of any officer, agent
or employee of the railroad, or the injury is caused by any defect
in the cars, engines, appliances, machinery, track, road bed,
or any other equipment of the road, failure to warn, inadequate
industrial hygiene program or failure to provide appropriate
respiratory protective equipment, the railroad will be held liable
for that worker's injuries. By failing to either provide a workplace
free from asbestos, PCBs, diesel fumes or other harmful lung
irritants, or to provide adequate warning, and adequate industrial
hygiene program and or to provide appropriate personal protective
training and equipment, such as respirators, such as respirators,
the railroads have failed to meet their duty under the law. Result:
the railroads are responsible for lung-related injuries suffered
by workers resulting from the worker's exposure to these pulmonary
irritants.
» Pulmonary Illnesses
» Toxic Exposures - Asbestos, Diesel Fumes,
Silica, Metals, Solvents, Other – If you believe that
in the course of your railroad work, you have suffered any
of the above toxic exposures and if you have experienced
any symptoms, such as shortness of breath, coughing, fatigue,
frequent
head and/or chest colds, please schedule an immediate appointment
with your primary care physician and ask him or her to order
a chest x-rays (PA and lateral) and Pulmonary Function Tests
(PFTs). If your primary care physician or the physician/pulmonologist
to which he or she sends you reports any abnormalities, please
contact our experienced FELA attorneys so that we may immediately
protect your rights.
»
X-Rays and Pulmonary Function Tests – If
you are experiencing any of the above symptoms, it is
essential that you have both x-rays (PA and lateral)
and Pulmonary
Function Tests (PFTs) as soon as possible. Again, if
any abnormalities are reported, you must contact our
FELA attorneys immediately.
» Statute of Limitations – Under
the FELA, a railroader has three years from when he knew
or should
have known that he or she sustained a railroad work-related
injury to bring an FELA lawsuit. There should never be
a reason for FELA lawsuits not to be filed promptly and
well
before any statute of limitation concerns.
» Cumulative Trauma and/or Repetitive Motion Injury – Historically,
workers and especially railroaders are at risk not only
for date-certain injury and/or occupational pulmonary illness,
but as a result of the forceful repetitive use of their
hands
and other body parts involving vibration in awkward positions
and in extreme temperatures they are exposed to cumulative
trauma disorders and/or repetitive motion injury, such
as carpal tunnel syndrome and/or worn-out body parts.
» Carpal Tunnel Syndrome – If you
are experiencing: numbness and tingling in your hands,
elbows or arms waking you up at night; hand, elbow or arm
pain;
and/or loss of grip strength causing frequent dropping
of things, schedule an appointment with your primary care
physician
and ask him or her to order Nerve Conduction Velocity (NCV)
studies of your hands, elbows and arms. If your primary
care physician or the doctor that performs the EMG or NCV
studies
tells you that the test findings were in any way abnormal,
please contact our experienced FELA
attorneys to immediately
protect your rights.
» Worn Out Body Parts – If you have
had multiple lost time work injuries to a body part, especially
if surgery was required, and you subsequently returned
to the same railroad work ultimately to be told by a doctor
that you should no longer do your railroad work, you may
have a repetitive motion injury or worn-out body part case.
Please contact our experienced FELA attorneys for a free
case evaluation.
» Hearing Loss – Railroaders are
also exposed to excessive workplace noise pollution. If
your railroad
employer has informed you upon testing that you have suffered
hearing loss, or if you or your loved ones have noticed
a change in your hearing, contact our FELA
attorneys and lawyers so that we may protect your rights.
» Audiometry – If you or your loved
ones have noticed a change in your hearing, go to your
primary care physician and ask him or her to order hearing
tests
or audiometry. Again, if any abnormalities are found, please
contact us immediately so that we can protect your rights.
Your Legal Rights
If you are or were a railroad worker and have been exposed
to hazardous chemicals on the job, or been injured by hazardous
tools, equipment and/or working conditions while at work, the
United States Congress in 1908 passed legislation that gives
you the right to bring a claim to obtain money damages for those
injuries or illnesses.
