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By the 1870s, railroad construction was in full swing, with approximately 170,000 miles of track being laid between 1871 and 1900. Much of this growth was related to transcontinental railroads.
At the beginning of this construction boom, President Benjamin Harrison expressed concern for the safety of railroad workers, who he said were “subjected to a peril of life and limb as great as that of a soldier in time of war.” Almost ten years later, after much political controversy, lawmakers finally passed the Federal Employers Liability Act.
FELA is still contentious today. Practically every legislative session, railroad owners unsuccessfully try to overrule, or at least water down, FELA.
FELA claims are more common now than ever before, mostly because much railroad infrastructure dates back almost as far as the original FELA law. A railroad worker injury claim is essentially a hybrid between a state workers’ compensation claim and a negligence-based injury claim.
Because of this complexity, only the most experienced lawyers should handle these matters.
Trauma Injury
Many railroad workers slip and fall on ballast, which is the name for the rocky material surrounding railroad tracks. Ballast is extremely slippery and falls are common, especially at night when visibility is limited.
Making matters worse, many railroad workers are alone when they fall. Additionally, they often fall in remote areas that are far from the nearest hospital. So, no one may find them for several hours, and the distance to the nearest hospital delays treatment even further.
Falls are, by far, the most common railroad worker trauma injuries. Others include electrocutions, caught-between injuries (the worker is caught between a moving train and a fixed object), and worker assaults.
Occupational Disease
Ballast produces silica dust which can lead to occupational diseases inside the lungs, inflammation and scarring. Silica dust inhalation also leads to silicosis (reduced lung capacity), a condition that’s normally disabling and sometimes fatal.
Railroad workers are also at risk of noise-related hearing loss which is a form of repetitive stress disorder. These injuries often affect railroad workers who repeatedly bend, stoop, and reach. Human joints can only take so much such motion. The fact that these repetitive motions occur on a moving and vibrating train makes the effects even worse.
What Victims Must Prove?
Job injury victims must prove their injuries were work-related to receive workers’ compensation benefits. Other injury victims must prove negligence, or a lack of care, substantially caused their injuries to receive compensation for those injuries in court.
FELA is a combination of these two things. Injured railroad workers must prove their injuries occurred at work and that employer negligence contributed to their injury.
Silicosis and other silica dust injuries are good examples. Assume Sam’s employer told him to wear a mask to protect him against dust, but Sam’s employer didn’t tell him about the possible health consequences. The employer’s failure to tell Sam all the facts didn’t cause Sam’s injury, but it certainly contributed to his injury.
If injured railroad workers prove negligence contributed to their injuries, an attorney can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Insurance companies usually contest liability and/or damages in these situations. In Sam’s case, the defendant might point out that he signed a waiver that, in very small print, explained the risk of silicosis. The defendant might also contest Sam’s medical bills, usually by presenting a medical “expert” who tries to undermine Sam’s doctor’s findings.
Such defenses usually don’t hold up in court, if an attorney thoroughly prepared the case and anticipated these defenses.
Injury victims are entitled to substantial compensation. For a free consultation with an experienced attorney, contact Napoli Shkolnik. We handle these matters on a nationwide basis.