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Train Accidents and the Federal Employers Liability Act

manimgRAILWAYS ARE VITAL LINKS ACROSS OUR COUNTRY, WHETHER TRANSPORTING MACHINERY AND OTHER GOODS OR FAMILIES ON SCENIC VACATIONS.

However, jobs in the railroad industry can be dangerous, as there is potential for serious injury. Due to the large size and speed of trains, accidents often result in massive destruction, injuries and loss of life for both passengers and employees. For example, eight people were killed and dozens more were critically injured when Amtrak Train 188 derailed in Philadelphia in 2015.

If you are a railroad employee who has been injured on the job or exposed to dangerous solvents, there is a specific federal law providing you with protection: the Federal Employers Liability Act (FELA). Enacted in 1906 due to the high number of railroad deaths in the late 19th century and early 20th century, FELA’s protections are as important today as they were a century ago.

FELA provides for compensation for railroad workers injured on the job, but its coverage is different from traditional workers’ compensation plans. If you or a loved one has suffered harm from railroad job injuries, you may be entitled to compensation for your losses. However, your case must be handled correctly and competently, or you may never collect the compensation you are entitled to.

What the Act Says

The Federal Employers Liability Act protects the rights of railroad workers injured on the job when those injuries resulted from the negligence of the railroad or any of its agents.

Whether you will receive compensation and the amount of it depends on the factors involved in the incident. These include:

  • Whether you will be able to return to work with the railroad
  • Whether there was negligence by the railroad and/or its agents
  • Whether your actions contributed to the accident
  • The seriousness of the injury
  • The length and extent of needed medical treatment and rehabilitation
  • Your lost wages
  • Whether the injury results in permanent disability.

Differences From Regular Workers’ Compensation

Under traditional workers’ compensation policies, a worker only has to be injured on the job to receive compensation.

Under FELA, workers do not have to be injured while working on or near a train or railroad.  Workers in any job that is related to the railroad industry can make a claim if they can show that they were injured as part of the job. However, the worker has to be able to prove that the employer was liable for the injury because it failed to follow through with required responsibilities.

Examples of employer failure include:

  • Failure to inspect workplaces to ensure they are free of unnecessary hazards
  • Failure to provide sufficient training and safety equipment
  • Failure to inspect equipment regularly and rectify situations such as malfunctioning or absent lights, signals, or gates at crossings
  • Failure to ensure safety regulations are followed
  • Improper maintenance of train tracks.

If accidents that result in injuries occur and employers are found to have not met their responsibilities, injured employees should be entitled to compensation. Depending on the circumstances, injured workers may be able to recover not only lost wages under FELA, but may also receive compensation for past, present and future pain and suffering and loss of life’s pleasures.

If you are a railroad industry employee and have been injured due to employer fault, you should seek the help of an experienced attorney to examine the possibilities of a claim and ensure that your rights are protected.  A qualified attorney can assist you in securing the compensation to which you are entitled, including wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability.

Contact an Attorney at Our Firm

If you or your loved one has suffered harm from your employer’s negligence or irresponsibility in a work-related railroad incident, your next step should be to consult Cliff Rieders at Rieders, Travis, Humphrey, Waters & Dohrmann.

Cliff Rieders is a Past President of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. Rieders has won numerous awards and recognition from the Pennsylvania Association for Justice, and he received the Pennsylvania Patient Safety Authority recognition award.  Cliff Rieders was a founder of the Pennsylvania Patient Safety Authority and served on same for 15 years.  Rieders was a Law Clerk in the federal court system for one of the most well-known and longest serving federal judges in the country, the Honorable Malcolm Muir. Cliff has received the George F. Douglas Amicus Curiae Award, as well as the Milton D. Rosenberg Award from the Pennsylvania Trial Lawyers. Rieders is on committees and organizations that write the law in many fields of practice.

Cliff Rieders was involved in the writing of the Mcare Act, which governs medical liability actions in Pennsylvania, and he wrote the book on medical malpractice that lawyers use in the state. Cliff teaches the subject of medical malpractice at seminars attended by the leading lawyers in the state. Cliff Rieders is recognized as an outstanding authority in the medical malpractice field. Cliff has even testified before the legislature on medical malpractice laws. Rieders is a Nationally Board certified specialist for Civil Trial and Civil Practice and Procedure, a cum laude graduate of New York University as well as Georgetown University Law Center.

Rieders is admitted in Pennsylvania, New York State, District of Columbia and numerous federal courts including the Supreme Court of the United States. Rieders is a life member of the American Law Institute which publishes recommended legal principles utilized throughout the United States. Cliff Rieders is the lawyer that other lawyers call for counsel and advice in the medical and hospital malpractice and pharmaceutical/vitamin supplement fields. Cliff Rieders does substantial work in multi-district litigation in connection with pharmaceutical products and medical devices.

We offer a free consultation to carefully examine the individual facts in your case and determine the best way to handle it. Don’t delay. Contact Rieders Travis today by calling 800-326-9259, or schedule a consultation by using our online contact form to set up your free case review.

Based in Williamsport, we serve clients throughout the state of Pennsylvania, offering a free consultation on all personal injury matters. More than that, we offer you experience, knowledge, compassion, and a long history of results.

Our Legal Team

AttorneyClifford A. Rieders
Partner
Ronald C. Travis
AttorneyRonald C. Travis
Partner
Attorney John Humphrey
AttorneyJohn M. Humphrey
Partner
Attorney Walter
AttorneyC. Scott Waters
Partner
Jeffrey C. Dohrmann
AttorneyJeffrey C. Dohrmann
Partner
Pamela L. Shipman
AttorneyPamela L. Shipman
Associate
Corey J. Mowrey
AttorneyCorey J. Mowrey
Associate

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