The #1 St. Louis Railroad Accident Lawyer

The Federal Employers Liability Act (FELA) was designed to protect railroad workers by offering them legal recourse when employer negligence results in injury or illness.

Unlike workers’ compensation, FELA is fault-based, meaning that the injured worker must demonstrate that their employer’s negligence contributed to their injuries.

This distinction makes FELA more complex but also offers the potential for more significant financial compensation, as it allows workers to seek damages for pain and suffering, lost wages, and other consequences of the injury.

The law requires railroad employers to provide employees with a reasonably safe working environment.

This duty includes the following responsibilities:

• Maintaining equipment and machinery in good working condition
• Providing adequate training and supervision for employees
• Implementing safety protocols to prevent accidents and injuries

If an employer fails to meet these obligations, they may be held liable for any resulting injuries.

These include both physical injuries from accidents and illnesses caused by exposure to toxic substances, such as asbestos or diesel exhaust.

Injured workers have the right to file a Railroad Injury Lawsuit under FELA.

Contact TorHoerman Law today for a free consultation.

Use the chatbot on this page for an instant case evaluation to find out if you qualify for a FELA claim.

Who Is Covered Under FELA?

FELA provides a necessary safety net for those who work in the often hazardous railroad industry.

This legislation is designed to ensure that a broad spectrum of workers, from those on the trains to those maintaining the tracks, have protection under the law.

FELA applies to all employees of railroad companies engaged in interstate commerce, covering a wide range of railroad workers, including:

• Engineers and conductors
• Maintenance crews and track workers
• Yardmasters
• Signal operators and equipment handlers

If you work in any of these roles and have been injured while performing your job duties, you may be eligible to file a FELA claim.

However, proving negligence in these cases can be challenging, which is why hiring a Train Accident lawyer is essential to securing the compensation you deserve.

If you are unsure if your job qualifies you for FELA protection, the Railroad Injury Lawyers at TorHoerman Law can help you determine your legal options and rights.

Railroad work exposes employees to various risks, both from accidents and long-term exposure to hazardous conditions.

So, FELA covers a wide range of catastrophic injuries and illnesses, from sudden train accidents to cumulative trauma caused by repetitive tasks.

Common Railroad Accidents and Injuries

Railroad work is fraught with significant hazards, reflecting the dangerous and often unpredictable nature of the industry.

Given the heavy machinery, high speeds, and challenging work environments, railroad workers face a higher risk of accidents and injuries than many other professions.

These incidents can range from sudden, catastrophic events to more gradual health issues that develop over time.

Railroad workers are vulnerable to various types of accidents and injuries, including:

• Train derailments
• Collisions
• Slips, Trips, and Falls
• Equipment Malfunctions
• Problems at Railroad Crossings
• Occupational Diseases and Illnesses

Derailments

Derailments occur when a train leaves its tracks, often leading to catastrophic outcomes for both workers and passengers.

These incidents may be triggered by mechanical failures or inadequate track maintenance and can result in severe injuries, including broken bones, traumatic brain injuries, or even more grievous outcomes like dismemberment or death.

Collisions

Collisions involve trains striking other vehicles, trains, or stationary objects, which can inflict severe harm on railroad workers either on board or in proximity.

Factors contributing to train crashes include human error, equipment failure, or adverse weather conditions.

Injuries from such events can range from minor abrasions to critical, life-threatening conditions.

Slips, Trips, and Falls

Railroad workers frequently face hazards that increase the risk of slips, trips, and falls during their duties.

These accidents can occur due to uneven surfaces, debris on tracks and platforms, or slick conditions from ice or oil.

More severe falls, especially from elevated areas, can lead to critical injuries such as fractures or spinal cord damage.

Equipment Malfunctions

The vast array of equipment utilized by railroad workers, from heavy machinery to small tools, poses risks if it malfunctions due to poor maintenance or defective components.

Such failures can lead to serious injuries like burns, lacerations, crushing injuries, or even amputations, all covered by FELA if resulting from employer negligence.

Problems at Railroad Crossings

Railroad crossings are common sites for worker injuries, which can occur due to poor maintenance of crossing surfaces, insufficient warning signals, or malfunctioning safety devices.

These accidents can cause a range of injuries, from minor bruises to severe harm such as traumatic brain injuries or fatalities.

Occupational Illnesses

Long-term health issues are a significant risk for railroad workers due to continuous exposure to occupational hazards.

Railroad workers are exposed to cumulative occupational hazards that can lead to long-term health issues, including:

• Repetitive Stress Injuries: Tasks requiring repetitive motion, like operating machinery or handling switches, can cause chronic pain and musculoskeletal disorders, impacting a worker’s ability to perform and necessitating ongoing medical care.
• Hearing Loss: Prolonged exposure to high decibel levels from trains and equipment without adequate hearing protection can lead to permanent hearing impairment. Employers must provide proper protective gear to mitigate this risk, with FELA covering injuries from such negligence.
• Exposure to Toxic Substances: Regular contact with hazardous materials, such as asbestos or diesel fumes, poses serious health risks. Conditions resulting from this exposure, including lung cancer, are protected under FELA if linked to employer negligence.

If you have suffered any of these injuries or illnesses while working for a railroad company, seeking legal representation from experienced train accident lawyers is crucial.

FELA Lawyers can help you navigate the process of filing a FELA claim and establish fault for your injuries to ensure you receive the monetary compensation you deserve.

Unlike workers compensation laws, FELA claims require proving that the railroad employer was negligent in maintaining a safe workplace.

To establish employer negligence in a FELA claim, the injured worker must demonstrate that the railroad failed to provide a reasonably safe work environment, equipment, or training.

This could involve showing that the railroad ignored known safety hazards, failed to conduct regular maintenance, or did not enforce safety regulations effectively.

Evidence such as accident reports, witness testimonies, and safety records play a crucial role in substantiating these claims.

Additionally, expert testimonies from industry professionals can help illustrate how the railroad’s practices deviated from standard safety protocols.

Successfully proving negligence allows the worker to receive compensation for injuries, which might include medical costs, lost wages, and pain and suffering.

Failure To Provide Proper Safety Equipment

Railroad work involves a high level of risk as employees work with heavy machinery, operate trains at high speeds, and are exposed to hazardous substances.

Employers have a responsibility to provide proper safety equipment and training to minimize these risks, including:

• Protective gear (such as hard hats, steel-toed boots, high visibility vests, gloves, goggles, and earplugs)
• Fall protection equipment
• Proper tools and equipment for the job

If an employer fails to provide these necessary safety measures and an employee is injured as a result, they may be held liable for negligence.

Failure To Provide Adequate Training

Railroad workers must undergo extensive training before performing their duties.

This training includes learning to operate complex machinery and understanding safety protocols and procedures.

If an employer fails to provide adequate training or cut corners to save money or time, it can result in severe accidents and injuries caused by human error.

Employers must ensure their workers are appropriately trained and follow all safety guidelines.

Insufficient Maintenance of Machinery and Equipment

Employers must regularly maintain railroad equipment and machinery to ensure they are in safe working condition.

Failure to conduct regular inspections, repairs, and replacements can lead to malfunctions that cause accidents and injuries.

Employers are responsible for providing a safe work environment, including maintaining all equipment their employees use.

Failure To Maintain Safe Working Conditions

Employers must also maintain safe working conditions for their employees.

Aside from regularly inspecting equipment and repairing or replacing any faulty parts, they must also ensure that train tracks, platforms, and other work areas are free of hazards.

Proper lighting, signage, and maintenance of walkways and stairwells are also crucial to preventing accidents and injuries.

If an employer fails to provide a safe workplace, they may be held responsible for any resulting accidents or injuries.

Failure To Follow Federal Safety Regulations

Railroad companies are subject to federal safety regulations set by the Federal Railroad Administration (FRA).

These regulations exist to protect railroad workers and ensure their safety while on the job.

Employers have a lawful responsibility to comply with these regulations, and failure to do so can result in severe accidents and injuries.

In cases where an employer is found to be violating federal safety regulations, they may be liable for negligence.

Note that proving fault is one of the most critical aspects of a successful FELA claim.

Experienced train accident attorneys can help gather evidence to demonstrate that your employer’s negligence caused or contributed to your injuries.

Navigating train accident claims without legal representation can be overwhelming.

The legal process, including documenting injuries, proving negligence, and negotiating settlements, requires a deep understanding of the law and the railroad industry.

Working with FELA attorneys is essential for injured workers to build strong cases and maximize their chances of a favorable outcome.

Building a Strong FELA Claim

A successful FELA claim relies on thorough documentation of your injuries and the accident.

Your lawyer will work with you to collect evidence, which may include:

• Medical Records: Detailed documentation of your injuries and treatments is essential for proving the extent of your damages. These records include medical notes, test results, and treatment plans.
• Accident Reports: Official reports from your employer or the FRA can help establish the facts of the case. These records can provide valuable information about the cause of the accident and any safety violations.
• Witness Testimonies: Coworkers or bystanders who witnessed the accident can provide valuable evidence. Your lawyer can interview them and record their testimonies to support your claim.
• Expert Opinions: In some cases, expert opinions may be necessary to prove employer negligence. Your lawyer will have access to qualified experts who can provide professional analyses and testimony.

Proving Negligence in FELA Cases

Your lawyer will investigate the circumstances of your railroad worker injury to prove that your employer was at fault.

This process may involve:

• Examining the cause of the accident and any contributing factors
• Reviewing safety protocols and employer practices
• Analyzing equipment maintenance logs
• Assessing the implementation of federal safety regulations

With this evidence, your lawyer can build a solid case to establish employer negligence and pursue compensation for your injuries.

By demonstrating that the railroad company failed to provide a safe working environment, your lawyer can strengthen your case and increase the likelihood of a successful claim.

Negotiating Settlements

Many FELA claims are resolved through a confidential settlement rather than trials.

A train accident lawyer will negotiate for you to ensure you receive fair compensation, as every insurance company will try to minimize payouts and liability.

Your lawyer will use their knowledge of the FELA laws and regulations and their experience in similar cases to negotiate a fair settlement that covers your damages.

If a fair settlement is unattainable, your lawyer will be ready to take the case to trial and fight for your rights in court.

The Federal Employers Liability Act (FELA) provides a crucial means for railroad workers injured on the job to recover various forms of compensation that reflect the full impact of their injuries.

Unlike other workers compensation systems, FELA acknowledges not only the immediate costs associated with workplace injuries but also the long-term financial, physical, and emotional effects these injuries can have on a worker’s life.

Through FELA, workers have the ability to claim a comprehensive range of damages that address both their current and future needs.

FELA provides injured railroad workers with the opportunity to seek compensation for a wide range of damages, including:

• Medical Expenses: This compensation includes past, present, and future medical treatments related to the injury. Recovering full medical expenses is essential for injured workers to receive the necessary care without out-of-pocket costs.
• Lost Wages: If your injury prevents you from returning to work or causes a decrease in your earning capacity, FELA allows you to seek compensation for lost wages. This damage is reimbursement for time off work and compensation for any reduction in future earning capacity due to disability.
• Pain and Suffering: FELA recognizes that the injuries and trauma resulting from railroad accidents can cause ongoing physical pain and mental anguish. As such, it allows compensation for the emotional distress and physical pain caused by the accident
• Disfigurement and Disability: In cases where an injury causes permanent disfigurement or disability, FELA lets workers pursue compensation for the impact on their quality of life. This compensation can cover physical changes, limitations in daily activities, and mental anguish caused by the injury.
• Loss of Enjoyment: If your injuries prevent you from participating in activities or hobbies that you previously enjoyed, FELA allows compensation for this loss of enjoyment. This damage recognizes the impact of the injury on an individual’s overall well-being and quality of life.
• Punitive Damages: In rare cases, the court may award punitive damages if their employer’s actions were especially willful or malicious. These damages are meant to punish the employer and deter future negligence.

Comparing FELA Compensation vs. Workers’ Compensation

Unlike workers’ compensation, which typically provides limited benefits regardless of fault, FELA allows injured workers to seek higher compensation because it is a fault-based system.

This structure means that you must prove that your employer’s negligence caused or contributed to your injuries, but it also means that your compensation is not limited by a predetermined benefits schedule.

FELA allows for non-economic damages such as pain and suffering, which workers’ compensation does not cover.

However, the burden of proof for negligence falls on the injured worker in FELA claims, whereas workers’ comp does not require proof of fault.

Injured railroad workers in St. Louis have legal options through FELA to seek compensation for their injuries.

However, train accident cases and toxic exposure claims are complex and require the expertise of a dedicated personal injury lawyer that deeply understands the FELA statute and the railroad industry at large.

At TorHoerman Law, we can help you through the legal process, prove employer negligence, and secure the compensation you deserve.

Our law firm has a proven track record of success in handling personal injury claims and we are dedicated to fighting for the rights of injured railroad workers.

Contact us today for a free case evaluation.

You can also use the chatbot on this page to find out instantly if you qualify for a railroad accident lawsuit.