Railroad Retirement Disability and Employer's Duties under FELA

November 19,2013
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The Federal Employers Liability Act (FELA) is a federal statute that requires railroad companies to implement safe working conditions and allows employees to receive compensation through railroad retirement disability claims when they are injured on the job. If your injuries are caused by the railroad company’s negligence, they could be held liable for the damages you incurred from the accident.

Training and Supervision

A major factor in creating a safe atmosphere for workers is making sure they are adequately qualified to perform their jobs. All of the employees should have the necessary training and experience for the job that they are assigned to do. Safety regulations need to be enforced. The employees’ activities and work conditions should be supervised to confirm that everything is in compliance with federal standards. When employees overextend themselves, they are prone to getting injured. Therefore, the railroad companies need to make sure they establish reasonable work quotas for their employees. If an employee must perform a task that exceeds his capabilities or physical limitations, the railroad company should give him the assistance or help required to successfully complete the work.

Safety Hazards and Unsafe Work Conditions

According to FELA, there are several steps a railroad company must take to create a reasonably safe working environment for its employees. Some of the duties of a railroad company include performing inspections and ensuring the equipment is properly maintained. Railroad companies are also responsible for fixing and warning employees of any hazardous conditions that exist on the premises. They must use reasonable means to prevent workers from committing crimes and other intentionally harmful acts in the workplace.

Common Injuries of Railroad Workers

Working for a railroad company is a dangerous occupation. You could get seriously hurt from a single incident or you may sustain injuries from years of performing repetitive tasks and being exposed to toxic conditions. Your injuries can have a devastating impact on your life physically and emotionally. You may not be able to work for a few days or several months depending on the severity of your injuries. If you are permanently disabled, you may never be able to work again. Many railroad retirement disability cases involve injuries such as:

  • Back and neck injuries
  • Shoulder injuries
  • Fractures
  • Brain injuries
  • Knee injuries
  • Loss of limbs
  • Electrocutions
  • Burn injuries
  • Health complications due to exposure to toxic chemicals
  • Permanent disabilities
  • Wrongful death

Compensation for Your Railroad Disability Claim

You are entitled to receive compensation under FELA if the railroad company you work for engages in interstate commerce and your injuries were caused by the employer’s reckless actions. It is important to discuss your case with an experienced disability attorney because they can investigate the circumstances surrounding your injury and gather evidence to support your claim. If it’s determined that the railroad company is at fault for your injuries, you are eligible to receive compensation for the following damages:

  • Medical expenses
  • Loss of past and future wages
  • Rehabilitation
  • Physical disfigurement
  • Mental anguish

Contact a New York Railroad Retirement Disability Attorney

Hermann Law Group, PLLC possesses extensive knowledge of the disability claims process and uses its expertise to fight on behalf of injured railroad workers who are seeking the compensation they deserve. Call (914) 286-3030 to schedule a consultation with our law office if you need assistance with filing a railroad retirement disability claim.