A carman can file a FELA claim after a yard injury if the injury happened during railroad work and the railroad’s negligence played a part in causing it.
The Federal Employers’ Liability Act (FELA) is a federal law that allows injured railroad workers to seek damages from their employer when negligence contributed to a work-related injury.
Poolson | Oden represents injured railroad workers in FELA claims and understands the unique legal issues that come with railroad injury cases. Our national FELA railroad injury lawyers handle claims across the country and can file cases in either state or federal court when appropriate.
How FELA Applies to Yard Injuries
Poolson | Oden helps injured railroad workers determine whether their yard accident may qualify for a FELA claim.
FELA applies to many railroad employees, including carmen, who are hurt while performing their job duties. Unlike workers’ compensation, a FELA claim requires injured workers to show that the railroad was negligent and that the negligence contributed to the injury.
The amount of negligence required is often less than many people expect. If the railroad’s actions or failure to provide a reasonably safe workplace played even a small part in causing the injury, a FELA claim may be available.
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What Types of Yard Accidents Can Lead to a FELA Claim?
Many different accidents can happen in a rail yard, including:
- Being struck by moving railcars or locomotives
- Slip and fall accidents
- Trips caused by debris or uneven walking surfaces
- Defective tools or equipment
- Unsafe switching operations
- Coupling and uncoupling accidents
- Falls from railcars or ladders
- Poor lighting
- Crushed hands, feet, or limbs
- Forklift or equipment accidents
Poolson | Oden investigates how a railroad yard accident happened and what conditions contributed to the injury. The facts of each case determine whether the railroad may be legally responsible.
How Can Railroad Negligence Cause a Yard Injury?
A railroad has a duty to use reasonable care to protect its employees. A carman can file a FELA claim after a yard injury when that duty is not met.
Negligence may result from:
- Unsafe work procedures
- Poor training
- Failure to enforce safety rules
- Defective equipment
- Poor track or yard maintenance
- Inadequate lighting
- Dangerous walking surfaces
- Failure to inspect equipment
- Allowing known hazards to remain
- Poor communication during switching operations
- Requiring employees to work in unsafe conditions
An investigation can include maintenance records, inspection records, photographs, video footage, witness interviews, and company safety policies. Poolson | Oden carefully examines whether the railroad failed to provide a reasonably safe place to work.
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What Damages Can a Carman Recover Under FELA?
Filing a FELA claim may allow an injured carman to recover financial and personal damages such as:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Physical pain
- Mental and emotional suffering
- Permanent impairment
- Disfigurement
- Loss of enjoyment of life
- Other losses related to the injury
FELA allows recovery for pain and suffering when the railroad’s negligence caused the injury. The Poolson | Oden team works to identify all injury-related losses.
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What if the Carman Shares Some Fault for an Injury?
Railroads may challenge a negligence claim, saying that an injured employee caused the accident. A claim for damages may still succeed under FELA, even if the worker shares part of the responsibility.
Under FELA’s comparative fault rules, a worker can still have a valid FELA claim, even if their actions played a role in the accident. Their share of fault may reduce the damages they recover.
If comparative fault is a factor in your case, a railroad injury attorney at Poolson | Oden will explain how shared fault may affect a FELA claim without automatically preventing recovery.
Why Can FELA Cases Be Difficult?
Railroad injury claims often involve issues that are rarely seen in ordinary injury cases. The railroad may begin investigating immediately after the accident. Important evidence can disappear, witnesses’ memories can fade, and company records may become harder to obtain over time.
FELA claims may be filed in either state or federal court. Choosing the right court, preparing the case for trial, and presenting technical railroad evidence can all affect how a claim develops.
At Poolson | Oden, we focus on FELA and railroad injury cases and prepare every claim with the unique demands of railroad litigation in mind.
Talk With Us About Your Carman FELA Yard Injury Claim Today
If you are seeking answers after an accident that occurred on a railroad, Poolson | Oden represents injured railroad workers in FELA claims involving carmen and other railroad employees.
Our firm’s trial attorneys have more than 80 years of combined experience and have recovered more than $32 million for clients over the past five years. Our team focuses on railroad injury litigation, works with investigators and medical professionals when needed, travels for consultations, and prepares every case for the possibility of trial.
If you were hurt working in a railroad yard, we will review your situation, explain your legal options, and discuss whether a FELA claim may be available. Don’t Get Railroaded®. Learn how the law may protect your rights after a railroad injury. Call us today for a free consultation.
