If you’ve been injured in a derailment, do you have a claim against the railroad under the Federal Employers Liability Act (FELA)? The answer to that question is yes. Derailments offer a specific or special set of circumstances that usually support a case against the railroad.

In these cases, a FELA lawyer will have to prove that negligence on the part of the railroad led to the derailment. We typically look to one or two places, either a failure of the track or structure, which we determine from evaluation or review of track inspection reports and any inspection of the area following the derailment. The other aspect we review is whether or not there is a mechanical defect with one of the cars or the locomotive which led to the derailment.

Typically, a train on a rail should stay on a rail without some type of notice. So our firm has been very successful with derailment cases. If you’ve been involved in a derailment while working for the railroad and have suffered an injury, the team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.

What Legal Options Do Railroad Workers Have if Injured in a Train Derailment?

Railroad workers who are injured in a train derailment have several legal options to pursue compensation for their injuries. The primary legal remedy for railroad workers in the United States is the Federal Employers Liability Act (FELA). FELA is a federal law that provides workers the right to sue their employers for injuries resulting from the negligence of the railroad company or its employees. Unlike state workers’ compensation programs, FELA allows railroad workers to seek damages for pain and suffering, lost wages, and medical expenses and can also account for long-term disabilities and future medical care.

Under FELA, the railroad must be shown to have been negligent in causing the derailment, whether through unsafe conditions, improper training, lack of maintenance, or other factors. The worker must prove that the railroad’s negligence was a significant factor in causing the accident and their injuries.

Can Railroad Workers File a Claim Against the Railroad Company Under FELA?

Under FELA, railroad workers can file a claim against their employer if they are injured in a train derailment caused by the employer’s negligence. FELA differs from state-based workers’ compensation because it allows workers to hold their employers accountable for negligence. In a FELA claim, the injured worker must show that the railroad’s negligence contributed to the injury. This could involve poor track maintenance, faulty equipment, inadequate training, or failure to follow safety protocols that led to the derailment.

FELA claims are usually more complex than typical personal injury cases, as railroad workers are often exposed to hazardous conditions. Proving negligence requires expert testimony and thorough documentation. A successful claim can result in compensation for medical bills, lost wages, pain and suffering, and future losses due to the injury.

What if the Worker’s Injury Was Caused by the Negligence of a Third Party?

If a railroad worker’s injury is caused by the negligence of a third party, such as a contractor or equipment manufacturer, the worker may have additional legal options. Aside from filing a FELA claim against their employer, the injured worker may also pursue a third-party liability claim against the responsible party.

For example, if faulty equipment or defective parts contributed to the train derailment, the equipment manufacturer could be held liable for producing or selling unsafe machinery. Similarly, if a third-party contractor was responsible for maintaining the track or performing safety inspections, the contractor may be held accountable for negligence leading to the accident.

In a third-party lawsuit, the worker may be entitled to compensation for additional damages beyond what FELA provides, including pain and suffering, punitive damages, and additional compensation for loss of quality of life. Legal counsel experienced in personal injury and FELA cases can help the worker pursue FELA and third-party claims.

How Does the Statute of Limitations Affect a Worker’s Ability to File a Claim After a Train Derailment?

The statute of limitations is an important factor in any personal injury claim, including those under FELA. In the case of a railroad worker injured in a train derailment, the statute of limitations for filing a FELA claim is typically three years from the date of the injury or from the date the worker became aware (or reasonably should have become aware) of the injury caused by the derailment.

It is crucial for injured workers to take action quickly, as waiting too long to file can result in losing the right to pursue compensation. Unlike state workers’ compensation systems, which often have shorter deadlines, FELA offers a longer period for filing but still requires prompt legal action to preserve the worker’s rights. Consulting an attorney as soon as possible after the derailment is critical for ensuring that the claim is filed within the appropriate time frame.

Can Your Personal Injury Law Firm Help?

Pursuing a FELA claim is crucial for railroad workers who have suffered injuries due to employer negligence. The FELA process can be complex, so seeking legal guidance early on can help you navigate the intricacies of your claim and work towards obtaining the compensation you deserve for your injuries and losses.

Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced FELA attorney. Let us help you seek the justice and compensation you deserve.