The Federal Employers Liability Act, 45 U.S.C. § 51 et. seq. (1908) (FELA) allows railroad workers to seek compensation for workplace injuries and illness. With thousands of railway workers hurt each year, some types of injuries are especially common.
Attorney Daren Sarphie explains 15 common injuries covered under FELA.
15 Common Injuries Covered by FELA
1. Fractures, broken bones
Railway workers are often expected to get on and off moving equipment. The result may be a bone break or fracture. Blunt-force trauma from a fall or from being struck can also cause broken bones. Surgery and immobilization may be required.
2. Crushing injuries
The railway industry involves powerful machinery and heavy equipment. Workers may be confined in small spaces and may be susceptible to being stuck between or under objects. The result may be a devastating crushing injury, affecting multiple body systems.
3. Spinal cord, paralysis, nerve injuries
The impact of a spinal cord injury may vary depending on the location of the impact. The damage may be complete severance of the spinal cord or it may be incomplete and still allow some function. Rehabilitation and mobility assistance may help a victim improve independence.
4. Amputation
The injury itself may cause a person to lose a limb, or amputation may be necessary because of complications from an injury, like an infection.
5. Cuts, lacerations
Open wounds carry a significant risk of infection, pain, and complications. There is a risk of severe bleeding. A person may need significant medical intervention for cuts and lacerations. Daily wound care and appropriate dressings may help to minimize complications.
6. Electrocution, burns
Electrocution is a constant risk to many railway workers. Workers may be exposed to high voltage because of poor planning, failure to follow safety protocols, errors in execution, or failure to appreciate dangers. In addition, burns may result from fire, electrical current, and exposure to corrosive chemicals.
7. Hot and cold-related injuries
Railway employees often work in extremely hot and cold conditions. They face heat stroke and heat exhaustion. In the winter, frostbite and hypothermia may occur.
8. Respiratory diseases
Toxic dust, fumes, and other chemicals may result in respiratory disease. Lung cancer, mesothelioma, and chronic obstructive pulmonary disease are some of the illnesses that may result from working in the railway industry.
9. Heart disease
A variety of work activities and dangers may lead to heart disease. A worker claiming FELA compensation for heart disease may need to give special attention to showing that their medical condition is the result of employment.
10. Hearing loss
One of the greatest dangers to any railroad worker is noise. There are noise levels that are intense enough to cause hearing loss without causing physical pain. A worker may not realize that they have suffered hearing loss until it is too late.
11. Repetitive motion injury
Railway workers perform repetitive tasks. Sometimes, the body cannot adapt. Strains, sprains, tendonitis, carpal tunnel syndrome, stress fractures, bursitis, and nerve compression are repetitive motion injuries that may occur.
12. Toxic poisoning
Acute injury and chronic illness can result from toxic poisoning. Railway workers may work with chemicals. These chemicals may pose an inherent danger, or they may be dangerous if they are not handled properly.
13. Skin problems
Contact dermatitis, sun exposure and friction from clothing can all contribute to skin problems for railway workers. Ulcers and other sores may develop. Skin problems may not heal without changes to exposure.
14. Emotional injuries
If a worker witnesses harm to another employee and the worker suffers emotional injury as a result, FELA railroad law may allow the worker to claim monetary compensation.
15. Other injuries are covered
Although these might be common injuries, an injury doesn’t have to be common for a victim to claim compensation. If the injury or illness is a result of railroad industry employment, you may qualify to claim compensation.
Psychological and Emotional Injuries May Be Covered Under FELA
There is significant case law interpreting FELA. Generally, the statute is liberally construed because its intended purpose is to provide a remedy for injured railroad workers. For example, Consolidated Rail Corporation v. Gottshall, 512 U.S. 532 (1994) gives guidance on compensation for emotional injuries that result from employment.
In Consolidated Rail Corporation, a work crew was replacing a defective track. It was a hot and humid day. Workers were discouraged from taking breaks. Two and one-half hours into the job, a worker collapsed. He died of a heart attack, brought about by heat, humidity, and exhaustion. The man’s body was covered with a sheet. The rest of the crew was ordered back to work even though they could see the sheet that covered the deceased person’s body.
A coworker suffered emotional distress, PTSD, and major depression. He was bothered by what he had witnessed, was unable to work, and was afraid of suffering a similar fate.
The court discussed a zone of danger test to determine if the emotionally injured worker was in danger of physical injury. The court said that a railroad worker doesn’t need to be the relative of the victim to have sustained compensable emotional damage.
In Metro-North Commuter R. Co. v. Buckley, 521 U.S. 424 (1997), a worker was exposed to asbestos by breathing insulation dust. The man was a pipefitter for the railroad and developed a fear of cancer, although he did not have cancer. The Supreme Court said that there must be some physical impact to claim for accompanying emotional distress. Although the definition of injury should be construed liberally, the worker could not sustain a claim for emotional distress and the cost of future checkups without some manifested symptom of injury or disease.
These cases reveal how important evidence is for injury compensation and how each case is decided on an individual basis.
Talk to a FELA Lawyer
Whether your injury is common or uncommon, you deserve fair compensation for your FELA injury. At Sarphie Law, we represent people hurt while working in the railroad industry. Please contact us now for a consultation and to get help with your case.