The Federal Employers Liability Act (FELA) protects railroad workers who are injured on the job or suffer occupational illnesses and medical conditions. If you are a railroad worker and were injured or became ill due to your work, you could be entitled to financial compensation. Our New York railroad injury attorneys can help you understand your legal options, including your right to file a FELA claim.
Since 1985, Salenger, Sack, Kimmel & Bavaro, LLP has tirelessly fought on behalf of honest, hardworking New Yorkers. We believe in standing up for workers’ rights, including railroad employees who risk their safety every day on the job. To date, we have secured more than $1 billion in compensation; find out how our NYC FELA attorneys can help you with your claim today.
Common Railroad Accidents & Injuries
According to the Bureau of Labor Statistics (BLS), railroad workers have some of the highest rates of serious injury and death of all U.S. workers. The dangerous nature of the job, combined with the long hours and risk of fatigue, puts countless locomotive engineers, railroad conductors, and trainyard workers at risk every year.
Some of the most common railroad worker accidents and injuries include:
- Collisions between trains and vehicles
- Train derailment
- Slips, trips, and falls
- Mechanical failure
- Defective tools, equipment, and machinery
- Machine entanglement
- Being struck by falling or moving objects
- Being caught between or beneath objects or machinery
- Sprains and strains
- Overuse and overexertion injuries
- Repetitive strain injuries
- Broken bones/fractures
- Fires and explosions
- Severe burns
- Traumatic brain injuries
- Spinal cord injuries
- Train and track defects
- Unsafe or defective railroad crossings
- Exposure to toxic or harmful substances, such as asbestos
Railroad workers are often left with severe bodily injuries, massive medical bills, and weeks, months, or even years of lost income. Often, railroad accident victims are left with debilitating injuries, permanent disfigurement, and lifelong disabilities. In short, the consequences of a railroad accident or injury can be immense, both for victims and their families.
What Is FELA?
The Federal Employer Liability Act, or FELA, is a federal statute enacted by Congress to protect the rights of injured railroad employees. An injured railroad worker may file a FELA claim if they suffer a work-related injury or occupational illness, but they must prove that the railroad was negligent or acted wrongfully in some manner and that this conduct was the cause of the employee’s injuries.
Most often, railroad negligence falls under one of the following categories:
- Improper or inadequate training of railroad employees
- Violation of railroad workplace safety standards
- Failure to create or maintain acceptable workplace safety standards
- Insufficient manpower
- Failure to provide workers with sufficient/proper tools
Our New York FELA attorneys conduct exhaustive investigations to determine how an incident occurred and whether the railroad was negligent. We often work with accident reconstructionists, medical professionals, and other industry experts to obtain powerful, evidence-based testimony in support of our clients' claims.
How Our Railroad Injury Attorneys Can Help
Navigating the aftermath of a railroad accident or workplace injury can be overwhelming, especially when you are already concerned with getting the medical care you need and managing your day-to-day expenses while out of work. When you trust your case to the team at Salenger, Sack, Kimmel & Bavaro, LLP, you can rely on us to handle every legal detail. Our goal is to be your guide and advocate throughout the legal process, answering your questions and addressing any concerns you may have.
Depending on the specific details of your case, you may be able to recover the following types of damages when you file a FELA claim:
- All medical expenses related to your injuries/illness
- Future medical care costs and related expenses
- Past, current, and future lost wages
- Loss of employment benefits and expected earnings
- Lost or reduced earning capacity due to disability or impairment
- Physical, mental, and emotional pain and suffering
- Permanent total or partial disability
Note that federal law dictates how long you have to file a FELA claim. In nearly all cases, you only have three years from the date of injury—or three years from the date the injury was discovered or reasonably could have been discovered—to file your claim. We encourage you to take immediate action so that you don’t lose your right to recover compensation.
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