railroad worker injury FELA claims

Railroad workers face numerous hazards in their line of work, and injuries sustained on the job can have significant consequences for their well-being and livelihood. The Federal Employers’ Liability Act (FELA) provides protection and avenues for compensation for railroad workers injured due to the negligence of their employer or fellow employees. This article aims to explore railroad worker injuries, different examples of accidents falling under FELA, liability determination in each scenario, the statutes of limitations in New York, and incorporate hyperlinks to relevant New York statutes.

Railroad Worker Injuries and FELA

The FELA was enacted in 1908 to address the unique risks faced by railroad workers and ensure their legal rights in cases of injury or illness. Under FELA, injured railroad workers have the right to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and more. FELA claims differ from typical workers’ compensation claims, as they require demonstrating negligence on the part of the railroad company.

Examples of Accidents Falling under FELA:

Numerous accidents and injuries can occur in the railroad industry, leading to FELA claims. Some common examples include:

  1. Train Derailments: Accidents involving train derailments can occur due to track defects, faulty equipment, or operator error. Determining liability may involve examining factors such as proper maintenance, adherence to safety protocols, and equipment inspections.
  2. Slip and Falls: Railroad workers may sustain injuries from slipping, tripping, or falling due to hazardous conditions, such as wet surfaces, debris, or inadequate lighting. Liability assessment will depend on factors like maintaining a safe work environment, promptly addressing hazards, and providing proper training.
  3. Unsafe Equipment: Injuries resulting from malfunctioning or poorly maintained equipment, such as defective tools, faulty machinery, or inadequate safety devices, can lead to FELA claims. Liability may fall on the employer for negligence in ensuring equipment safety and conducting regular inspections.
  4. Exposure to Hazardous Substances: Railroad workers may be exposed to toxic substances, including chemicals, solvents, asbestos, or diesel exhaust, which can lead to serious illnesses. Liability determination may involve assessing compliance with safety regulations, providing protective equipment, and informing workers about potential hazards.

III. Liability Determination:

Establishing liability under FELA requires demonstrating that the railroad company or its employees acted negligently. Unlike workers’ compensation, where negligence is generally not a factor, FELA claims necessitate proving one or more of the following:

  1. Negligence of the Employer: This includes the failure of the railroad company to provide a safe work environment, proper equipment, sufficient training, or adequate supervision.
  2. Negligence of Co-Workers: If a fellow employee’s negligence contributed to the accident or injury, liability may extend to the railroad company.
  3. Contributory Negligence: FELA operates under the principle of comparative negligence, meaning the injured worker’s own negligence will be considered when determining liability and damages.

Statutes of Limitations in New York

Understanding the statutes of limitations is crucial when pursuing FELA claims. In New York, FELA claims must generally be filed within three years from the date of the injury or discovery of the illness, as per New York Civil Practice Law and Rules (CPLR) Section 214. However, specific circumstances may affect the timeframe, and it is advisable to consult an attorney to ensure compliance with the applicable statute of limitations.

Railroad worker injuries can have a profound impact on their lives and livelihoods. FELA provides an avenue for financial restitution, allowing injured workers to hold railroad companies accountable for their negligence. By understanding the types of accidents that fall under FELA, the determination of liability, and the statutes of limitations in New York, railroad workers can navigate the legal process more effectively. Seeking legal counsel and ensuring compliance with the relevant statutes are essential steps in pursuing FELA claims and obtaining fair monetary compensation.

Contact Parker Waichman LLP For A Free Case Review

Parker Waichman LLP helps railroad workers recover monetary compensation for accident injury claims. For your free consultation, contact our FELA Injury Law Firm today by using our live chat or calling 800-968-7529.

SHARE:
Free Consultation

Parker Waichman LLP

Untitled(Required)

Parker Waichman Reviews

4.8 from 549 Reviews

Related Testimonials

Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.

I had a great experience with them , everyone was very helpful and sweet.

Michelle Murphy

4 months ago

Zarahi was very professional and very Quick and very knowledgeable i realy appreciated her patience and perseverance she Deserves 100 stars 🌟 but since i can only send 5 i Guess i will just have to send that truly yours Rashine Downs

Kush Three

6 months ago

VERY NICE WORK PLACE THEY HAVE BEEN GOOD TO MY MOM

Whitney Brinson

5 years ago

They treated me with tender love and care

Terrell Weaver

2 months ago

Wonderful people. They made the whole process if dealing with a gov’t agency so easy. Special compliments to Gina Viti

Michael Ross

2 months ago

I’m a 9/11 first responder, and I can honestly say that Parker Waichman made me feel like they had my best interest in my VCF case. Ms Candalino & Ms Viti are top notch in my book. I was constantly informed on the status of my case. I would definitely recommend Parker Waichman LLP to family and friends.

D D

6 years ago

We Have Many Locations To Serve You
Serving Mass Tort Clients Nationally

We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.

Long Island - Nassau

Parker Waichman LLP

6 Harbor Park Drive

Port Washington, NY 11050

(516) 466-6500

Long Island – Suffolk

Parker Waichman LLP

201 Old Country Road – Suite 145

Melville, NY 11747

(631) 390-0800

New York City

Parker Waichman LLP

59 Maiden Lane, 6th Floor

New York, NY 10038

(212) 267-6700

Queens

Parker Waichman LLP

118-35 Queens Boulevard, Suite 400

Forest Hills, NY 11375

(718) 469-6900

Brooklyn

Parker Waichman LLP

300 Cadman Plaza West

One Pierrepont Plaza, 12th Floor

Brooklyn, NY 11201

(718) 554-8055

Florida

Parker Waichman LLP

27299 Riverview Center Boulevard, Suite 108

Bonita Springs, FL 34134

(239) 390-1000

New Jersey

Parker Waichman LLP

80 Main Street, Suite 265

West Orange, NJ 07052

(973) 323-3603
Nationwide Service

We handle mass torts cases nationwide. Please contact our office to learn more.