|
SPOTLIGHT
Featured
areas of practice:
Medical
Malpractice
Heart
Attack Law
Electrical
Injury Law
FELA/Railroad
Law
To
view a complete list of our areas of practice,
click here.
|
Railroad
work is one of the most dangerous occupations
in America. As such, the Federal Employers' Liability
Act (FELA) was passed by Congress in 1908 in response
to the high incidence of railroad accident related
deaths and injuries. FELA protects railroad workers,
who are not covered by other workers' compensation
policies, by allowing monetary compensation for
on-the-job railroad injuries.
While
FELA covers railroad accident injuries and deaths,
there are many other railroad-related conditions
that are also covered under this railroad worker
protection legislation. For example, asbestos
and chemical exposure causing lung damage, hearing
loss, and carpal tunnel syndrome, along with other
repetitive motion injuries, may be covered by
the FELA.
At
Morgenstern and Herd, P.A., we have experience
with FELA claims. We understand this specialized
and unique area of law, and we help clients with
railroad injury claims and FELA injury lawsuits.
Railroad
Lawsuits
If
you are a railroad worker who has experienced
any of the following, you may have a claim under
the FELA:
- Injuries
due to a train accident
- Injuries
due to train derailments
- On-the-job
chemical exposure (asbestos, PCBs, diesel fumes,
rail dust and dust particles, toxic cleaning
agents)
- Pulmonary
conditions and lung-related illnesses (symptoms
may include shortness of breath, difficulty
breathing, coughing, fatigue, frequent head
and/or chest colds)
- Repetitive
motion injuries such as Carpal Tunnel Syndrome
(symptoms may include numbness and tingling
in your hands, elbows or arms waking you up
at night; hand, elbow, arm, or knee pain; loss
of grip strength causing frequent dropping of
things; chronic leg buckling)
- Hearing
loss
Railroad employers have a duty to take precautions
in order to protect the health and safety of railroad
workers. Under the FELA, railroads are required
to provide a safe place to work for railroad employees.
This means that the railroads have a duty to take
appropriate safety measures to protect their workers,
to include properly maintaining tools and equipment.
It is the railroad employer's responsibility to
correct any defects in the engines, cars, track,
machinery, road bed and other equipment. When
a railroad fails to take appropriate safety measures,
it can be held responsible and liable for any
injuries sustained. Further, even if a railroad
employee is injured due to the negligence of a
co-worker, the railroad can still be held responsible
for resulting railroad injuries or death.
Injury
to the lungs and respiratory problems are commonly
overlooked by railroad employees. These pulmonary
illnesses are often progressive, can be debilitating,
and are sometimes even untreatable. The railroad
can be held liable if it fails to warn employees
of dangerous conditions, has an inadequate industrial
hygiene program, or fails to provide appropriate
respiratory protective equipment. The railroad
companies are required to provide a workplace
free from harmful lung irritants such as asbestos,
PCBs, diesel fumes, and more. Additionally, the
railroads are required to provide adequate warnings,
personal protection training and equipment, and
an adequate industrial hygiene program.
If
you are a railroad worker who has suffered an
on-the-job injury, immediately seek appropriate
medical care. The law requires that you complete
a company-provided accident report. You should
fill out the accident report yourself, even if
your supervisor or another company agent offers
to fill it out for you.
At
Morgenstern & Herd, P.A., we are committed to
helping injured railroad workers with FELA claims.
We have valuable experience with these types of
railroad injury or death claims. Call us today
if you or a loved one have suffered a railroad
accident or railroad injury.
|
