Will My FELA Claim Cover Psychological Trauma?
Federal Employers Liability Act (FELA) claims cover psychological trauma. Both mental injury and emotional distress may be claimed in keeping with common-law tort principles when there is also a physical injury. The courts apply the “zone of danger” test when there is no accompanying physical injury.
Introduction to Psychological Trauma in Railroad Work
Railroad work can be both mentally and physically dangerous. Thousands of railroad employees suffer injury each year; ten employee deaths occurred in 2022.
A survey by the National Center for Intermodal Transportation found that 43.6% of commuter rail operators experienced a critical incident, including collisions, close calls, injury, and persons or equipment on the tracks. Of workers experiencing these critical incidents, 12.1% reported PTSD symptoms.
Dangers of mental trauma in railroad work
Railroad employees face the risk of physical injury from collisions, electrical shock, stuck between accidents, and other dangers. They also risk witnessing upsetting events, including injury to others. The result may be psychological trauma in railroad work.
With the passage of the Federal Employers Liability Act to promote safety in the railway industry, courts must address the question of whether FELA coverage extends to a psychological injury.
Eligibility for Psychological Trauma Under FELA
There are two scenarios to consider for psychological trauma under FELA—when a psychological injury is accompanied by a physical injury and when the only injury is psychological.
FELA litigation may be successful in both scenarios. However, when an injury is only psychological, the victim must meet the “zone of danger” test to receive compensation.
Psychological injury with physical injury
When the injured employee has a physical injury, they may also file a claim for accompanying psychological injury. Mental injury may be also called emotional damages, mental anguish, or psychological trauma.
Compensation received for psychological injury accompanying physical harm may be economic or non-economic. For example, if a person is hospitalized or if they receive outpatient care, they have economic losses. To the extent that they suffer anguish, mental distress, and interference with their normal life before injury, they may claim non-economic damages.
Burrow v. Union Pacific, 218 S.W.3d 527 (Mo. Ct. App. 2007).
An example of a FELA claim with physical injury is Burrow v. Union Pacific, 218 S.W.3d 527 (Mo. Ct. App. 2007). The plaintiff was a Union Pacific employee working on a track owned by the company. Amtrak operated on the track with permission. The company didn’t provide the worker with a radio, so they didn’t hear a warning call that an Amtrak train was coming and a coworker failed to relay the message. A collision occurred. The victim claimed under FELA for injury to their spine, shoulder, hips, legs, and psychological and emotional injury. A jury awarded the victim $5 million.
Psychological injury without physical injury
When a railroad worker suffers a psychological injury without also incurring a physical injury, they must satisfy the “zone of danger” test in order to receive compensation. The person must be at immediate risk of physical harm and must be frightened by that harm.
In Consolidated Rail Corporation v. Gottshall, 512 U.S. 532 (1994), the U.S. Supreme Court acknowledged and clarified standards for psychological injury compensation under FELA. The plaintiff observed a coworker’s death from a heart attack. Company agents delayed medical attention for the person suffering the heart attack. They then left the body at the work site for the rest of the day, while ordering workers to continue their duties. The plaintiff suffered extreme emotional distress, requiring hospitalization.
The court adopted the “zone of danger” test, rejecting other tests that they found inapplicable to FELA claims (e.g. close family member requirements) or too restrictive. The Gottshall case became the standard for evaluating standalone psychological injury claims under FELA. The court acknowledged the potential risk of fraudulent claims but said that the possibility shouldn’t bar all victims from receiving due compensation under the law.
Types of Psychological Conditions Covered by FELA
- Acute Stress Disorder (ASD)
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety
- Depression, Major Depressive Disorder
- Feelings of helplessness
- Weight loss, eating irregularity
- Sleep disorder, nightmares
- Cold sweats, nausea
- Guilt, suicidal thoughts
Historical Development of Psychological Trauma Compensation Under FELA
FELA doesn’t specifically mention psychological trauma. The law says that railroads “shall be liable in damages … for such injury or death” resulting from their negligence. 45 U.S.C. § 51. The law doesn’t specifically include or exclude mental injuries. However, psychological and mental health damages are generally recognized in tort with accompanying physical injury. This principle has been extended to FELA claims.
Early court cases were split as to if and how mental harm should be compensated for injured railway workers. In Atchinson, Topeka & Santa Fe Railway Co. v. Buell, 480 U.S. 557 (1987), the court affirmed that FELA applies to railway worker psychological damage claims and not other bodies of law like the Railway Labor Act. The court said that claims should be evaluated in the framework of negligent infliction of emotional distress tort claims. However, the Buell court stopped short of fully explaining the law, remanding the case for further proceedings. It wasn’t until Gottshall that there was a clear and uniform standard for standalone psychological trauma cases in FELA litigation.
Overcoming Challenges in Psychological Trauma Claims
A person can receive compensation for psychological trauma under FELA. However, there may be significant challenges to overcome in pursuing a case. The claimant must present evidence of employer negligence, which can be challenging when witnesses are other employees and evidence is in the hands of the employer. Documenting discovery, effective examination of witnesses, and accident reconstruction can assist in overcoming difficulties.
Courts and juries will scrutinize the culpability of the employer, even though evidence of negligence need only be slight. Evidence should be developed to prove causation of psychological injury and the extent of injury. Where there is no visible physical injury, detailed medical evidence may be critical to success.
Contact an Experienced FELA Claims Lawyer
If you have suffered psychological injury while working for a railroad, you may receive compensation. Sarphie Law handles FELA claims, understanding how the law covers psychological trauma. Contact us now.
