Over the past four decades, our law firm has represented hundreds of injured railroad workers in many different positions who suffered a variety of different types of injuries. We fall into the class of very experienced, seasoned railroad injury lawyers, and one of our attorneys – Rick Shapiro – co-authored a treatise with an industrial hygiene expert. It’s called Railroad Health and Safety, a Litigators Guide, and is published in American Jurisprudence Trials and is available in the majority of the nation’s law libraries.

If you’re a railroad worker who has sustained an on-the-job injury, our 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 Are Some Railroad Jobs That Expose Workers to Risks?

Railroad workers perform a variety of tasks, each involving different levels of risk and exposure to hazards. Some of the major jobs in the railroad industry include:

Locomotive Engineers and Conductors

These workers operate trains, ensuring the safe movement of cargo and passengers. They are exposed to the risk of accidents, such as collisions, derailments, and falls from the train.

Track Maintenance Workers (Section Men)

These workers are responsible for inspecting and maintaining the railroad tracks. They may be exposed to the physical risks of lifting heavy objects, working with dangerous tools, and the hazards of working near moving trains.

Signal and Communications Workers

These workers install and maintain the systems that control train movement, including signals, wiring, and communications equipment. They may face electrical hazards, the risk of falls, and exposure to harsh weather conditions.

Train Yard Workers

These workers move trains around the yard, coupling and uncoupling cars and sometimes loading and unloading cargo. The job is physically demanding, and there are risks from heavy machinery, hazardous materials, and the need to work in confined spaces.

Mechanics and Maintenance Workers

These employees repair and maintain the railroad’s engines, cars, and other equipment. They may work with heavy machinery, engines, and chemicals, exposing them to injuries, chemical burns, and long-term illnesses.

Each of these jobs presents potential safety risks. Common injuries include broken bones from falls, back injuries from lifting heavy materials, and long-term illnesses such as respiratory diseases or cancer due to exposure to toxic substances (such as asbestos or diesel fumes). When these injuries or illnesses occur due to employer negligence or unsafe working conditions, workers may file a claim under the Federal Employers Liability Act (FELA).

How Might Railroad Workers Develop Long-Term Illnesses Leading to FELA Claims?

In addition to immediate injuries, railroad workers can develop long-term illnesses from ongoing exposure to harmful substances or unsafe work conditions, and these can also lead to FELA claims. Some of the most common illnesses associated with railroad work include:

  • Respiratory illnesses: Railroad workers, particularly those working in maintenance, mechanics, or train operations, are often exposed to diesel exhaust fumes and other toxic substances. Long-term exposure can lead to respiratory diseases such as asthma, chronic obstructive pulmonary disease (COPD), or even lung cancer.
  • Asbestos-related diseases: Asbestos was once widely used in railroad materials, particularly in insulation and brake linings. Railroad workers who worked with these materials may have inhaled dangerous asbestos fibers, leading to mesothelioma, lung cancer, or asbestosis.
  • Hearing loss: Railroad workers are frequently exposed to loud noises from trains, equipment, and machinery, leading to permanent hearing loss over time. Noise-induced hearing loss is common among train yard workers, engineers, and conductors.
  • Back and joint injuries: Track maintenance workers, mechanics, and other railroad employees are at risk for musculoskeletal injuries due to the heavy lifting, bending, and repetitive movements required in their jobs. Chronic back pain, joint degeneration, and other musculoskeletal disorders can develop over time.
  • In these cases, workers can file FELA claims based on the long-term exposure that led to their illness, demonstrating that the railroad company failed to protect them from known hazards, provide adequate safety measures, or limit exposure to harmful substances.

How Can Injured Workers File a FELA Claim?

Railroad workers can file a FELA claim if they are injured on the job due to their employer’s negligence. FELA is a federal law that allows railroad workers to seek compensation for injuries or illnesses resulting from unsafe working conditions, inadequate training, failure to provide proper safety equipment, or other forms of negligence by the railroad company.

To file a FELA claim, the worker must prove the following:

  • Negligence: The worker must show that the employer was negligent in some way, such as failing to maintain equipment, not following safety protocols, or exposing workers to unnecessary hazards. For example, a track maintenance worker may file a claim if they were injured due to defective equipment or a poorly maintained worksite.
  • Causation: The worker must demonstrate that the employer’s negligence directly led to the injury. This might involve showing how improper safety procedures, defective equipment, or insufficient training contributed to the accident.
  • Injury or Illness: The worker must have suffered a specific injury or illness due to the conditions on the job. FELA covers both immediate injuries (such as fractures from falls) and long-term illnesses (such as lung disease caused by inhaling diesel fumes over time).

FELA claims allow injured workers to seek compensation for medical expenses, lost wages, pain and suffering, and even future medical costs or lost earning capacity. Unlike workers’ compensation claims, which are no-fault and provide limited benefits, FELA claims allow workers to recover more comprehensive damages.

How Can Your Railroad 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 railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.