Railroad workers in New York who are injured while they are working on the job may be protected under the Federal Employers’ Liability Act. This law is in place to protect railroad and other federal employees when they are injured because of the negligence of their employers.
News sources in Texas report that an electrician who was reportedly injured while working on the job at Union Pacific Railroad filed a lawsuit under FELA in the Harris County District Court against the railroad company. The man claims that he was injured on Dec. 12, 2016, while he was performing work on top of a locomotive. The man was installing equipment at the time of his injury accident.
The man alleges that his injury caused him to suffer chronic pain that necessitated he undergo major surgery to his spine along with vertebral fusions in his lumbar region. He alleges that the railroad company provided a defective crane and was negligent in its failure to provide a safe work environment.
Federal employees who are injured while they are working on the job must file claims under FELA rather than under their states’ workers’ compensation laws. Unlike workers’ compensation claims, FELA claims require that workers prove that their employers were negligent. Injured railroad workers may benefit by talking to experienced injury lawyers who regularly handle FELA claims. The attorneys may understand the complexities of the law and advise people about whether or not they have the legal basis for filing claims. If the attorneys agree to accept representation, they may assist their clients with trying to recover damages for the losses that they have suffered. The attorneys may file formal lawsuits if they are unable to resolve the claims through negotiations.
Source: SE Texas Record, “Union Pacific Railroad electrician alleges work injury resulted in spinal surgery,” Kristine Gonzales-Abells, Aug. 24, 2018.