Can a Railroad Worker Sue After a Train Yard Accident?

Yes, a railroad worker can sue after a train yard accident, but many railroaders are surprised to learn their on-duty railroad accident is not filed through the usual Workers’ Compensation system. Union Railroad Workers do not have Workers’ Compensation Coverage!

A federal law called the Federal Employers’ Liability Act (FELA) gives railroaders their right(s) instead. This is a system that applies exclusively to railroad workers.

The FELA changes how your case works compared to a typical on-the-job injury claim, and that difference matters for how you get paid and how fast. The process is often different from a typical workplace injury claim, and honest error can damage your claim.

At Poolson Oden, our national railroad FELA lawyers have more than 80 years of combined legal experience. We can walk you through what the FELA means for your specific situation and explain what steps come next. Stay on Track with Poolson | Oden Law Firm and Don’t Get Railroaded®. Call today for a free consultation.

What Does the FELA Mean for Railroad Workers?

The Federal Employers’ Liability Act was passed specifically because railroad work carries risks that ordinary jobs don’t. It gives injured railroad workers the right to sue their employer directly instead of filing a standard Workers’ Compensation claim.

Under the FELA, you have to show the railroad was at least partly negligent, in the slightest,, which is different from state Workers’ Comp systems that generally don’t require fault. That’s a higher bar in many ways, but it opens the door to larger, more complete compensation.

Poolson Oden knows FELA claims require a different strategy than an ordinary injury case. Understanding how the law applies to your train yard accident is the first step toward getting this right. We will seek the compensation you truly deserve for your hardships.

How Our FELA Attorneys Can Help With Your Case

A designated attorney experienced in FELA cases understands how to thoroughly investigate railroad yard accidents, such as securing maintenance records before they are lost and determining the applicable safety regulations. This foundational work enhances the strength of your claim.

• Our experienced designated FELA attorneys can review the circumstances of your accident and identify the specific violations of the Federal Employers’ Liability Act that may support your claim.
• Our legal team can gather critical evidence, including maintenance records, incident reports, and witness statements, to build a strong case on your behalf.
• Our attorneys can calculate the full value of your claim by assessing your lost wages, future earning capacity, medical expenses, and any ongoing treatment you may require.
• Our lawyers can negotiate with the railroad’s legal team on your behalf in an effort to secure a fair settlement that reflects the extent of your injuries and losses.
• If the railroad refuses to offer a fair settlement, our team can take your case to trial and advocate for the compensation you deserve.
• Depending on the circumstances of your case, FELA claims may be filed in either state or federal court. We can advise you on which forum may be appropriate.

Per 45 U.S.C. § 53, FELA uses a comparative negligence standard – this means even if you have some responsibility in causing the accident, the railroad still has to pay for their portion of fault that caused you harm.

Your compensation may be reduced by your percentage of fault, but it does not mean you do not have a claim despite what claims may be telling you.

Railroads often try to deflect blame and limit their liability, and will go as far as manipulating personal injury reports or destroying video footage from the scene or locomotive engine. Poolson Oden counters the railroad’s efforts to blame you and try to increase your portion of the fault.

Proving Railroad Negligence Under the FELA

To seek compensation under the Federal Employers’ Liability Act, an injured railroad worker must prove that the railroad’s negligence played a role, in the slightest, in causing the accident and your injuries. A claim can be filed if the railroad does not maintain a reasonably safe work environment.

Under the FELA, the burden of proof is generally less demanding than in many other personal injury cases because the worker only needs to show that the railroad’s negligence played some part in causing the injury. Even a limited degree of fault may be enough to establish liability.

In addition to compensation for injured workers, wrongful death is covered by the FELA. Poolson Oden can perform a detailed investigation to pinpoint the cause of the accident and gather the necessary evidence to prove negligence.

Important Steps After a Railroad Injury

Workers’ Compensation usually pays regardless of fault, though benefits are limited and often don’t fully cover your damages. With the FELA, you need to prove negligence, but the recovery can include general damages such as pain and suffering for your injuries.

Taking the right steps after your train yard injury gives you the best chance of recovering the compensation you are entitled to.

• Report the injury to your employer as soon as possible and follow your company’s established procedures.
• Seek medical treatment immediately to protect your health and create a record of your injuries.
• Do not give a recorded statement.  Consult with our designated FELA attorneys at Poolson Oden before providing any recorded statement to the railroad or signing any settlement agreement.
• Preserve as much evidence as possible by taking photographs, collecting witness contact information, and obtaining copies of any accident or personal injury reports.
• Keep detailed records of your medical treatment, missed work, lost wages, and any expenses related to your injury.

Get Help from Our Designated FELA Attorneys

A railroad employee can file a lawsuit following an accident in a train yard, but this cannot be done through the regular Workers’ Compensation system. Instead, you have that right under a unique federal statute known as FELA.

The procedures are frequently different from those of a typical workplace injury claim, and a mistake can negatively impact your claim. If you need help and guidance after an on-duty injury in a train yard, it’s smart to consult with an attorney who is experienced with these claims.

Poolson Oden has recovered over $32 million on behalf of our injured clients in the last 5 years alone. Call now for a free consultation and tell us about your train yard injury.