It is well known that people who work in the railroad industry tend to face a wide range of occupational hazards on a regular basis due to the nature of their work. Exposure to toxic chemicals, in particular, is one of the most dangerous hazards they face on the job, as a result of which they are at a significantly […]
Railroad Worker Occupational Diseases/Cancers: Workplace Causes of Multiple Myeloma Blood Cancers
Misdiagnosing Asbestosis as Chronic Heart Failure
Our Virginia personal injury law firm has written extensively about the extensive asbestos exposure railroad workers had for decades until the use of asbestos was replaced by other insulation materials. Asbestos was used in brakes, boilers, gaskets, pipes, and other materials and equipment, exposing workers to asbestos fibers on a daily basis. Although asbestos is no longer being used, the […]
Is There a Cap on Damages for FELA Claims?
There are no limits on the recovery of compensation in FELA claims. To seek damages, a railroad injury attorney may factor in current as well as future wages, and other non-economic losses to the railroad worker. Juries award compensation in FELA lawsuits in proportion to the injuries and the degree of negligence. Factors That Affect the Value of Damages in […]
What Qualifies as A Hazardous Safety Condition?
FELA is the exclusive mechanism for railroad workers wanting to bring a compensation claim for their work-related injuries against the railroad company. While a railroad worker can file a FELA in either state or federal court, they must prove negligence on part of the employer to be able to collect the claim. Unlike a workers’ compensation claim, the onus is […]
How Often Is Asbestosis Misdiagnosed as Chronic Bronchitis?
It has been well documented – and proven in courtroom after courtroom – that breathing in asbestos fibers leads to the development of asbestosis. Asbestosis is long-term inflammation and scarring of the lungs that is caused by breathing in asbestos fibers. Prolonged exposure to these fibers can cause lung tissue scarring, shortness of breath, cough, wheezing, and chest tightness. Complications […]
I Am Suing My Railroad Employer. Where Will My FELA Claim Take Place?
The Federal Employer’s Liability Act (FELA) is a federal law that provides injured railroad employees a mechanism to seek compensation from their employers. The FELA enforces a stringent liability law on railroads for their employees’ injuries. Workers’ Compensation Claim and FELA Compensation under FELA covers diseases and repetitive stress damage, apart from personal injuries in work-related accidents. As with workers’ […]
I Am Filing a FELA Claim Against My Railroad Employer. How Long Will It Take For My Claim to Be Resolved?
The nature of their work exposes the railroad workers to heavy machinery, equipment, and chemicals that can be life-threatening and life-altering. The Federal Employers Liability Act (FELA) law which provides insurance cover to the railroad workers is different from the regular workers’ compensation insurance. A FELA claim needs proof of negligence on the part of the employer, unlike a workers’ […]
FELA and Asbestos Disease Claims
The Federal Employer’s Act (FELA) was enacted by Congress in 1908 to protect and compensate railroad workers injured on the job when the railroad is at least partially negligent in causing the worker’s injuries. FELA is not a workers’ compensation act but is instead fault-based. The injured employee must prove their injury was caused completely or partly by the negligence […]
Is a Railroad Employee Protected by The FELA Only When They Clock In?
Railroad workers across the country expose themselves to the perils and hazards of their job every day. Railroad employees who are victims of an accident at work, whether in a railyard, on a track, or in an office, can take recourse in FELA to claim compensation for their injuries. FELA applies in all cases where the employee works for a […]
A Contractor For My Railroad Caused My Injury. Does The FELA Statute Still Apply?
Contract work is widely pervasive on a railroad, be it tree trimming, snow plowing, or crew transport. Contractors on a railroad are an unavoidable necessity. With the railroad outsourcing much of its work, the worksites inevitably will have some workers who are not very well-versed with the railroad work method. And when many of these people are working together, the […]