Can An Illness Be Considered An Injury Under FELA?

Railroad workers face unique risks while on the job. If you work in the railroad industry, you may be wondering whether a job-related illness qualifies as an injury under the Federal Employers’ Liability Act (FELA).

So, can an illness count as an injury under FELA? Yes, an illness counts as an injury under FELA as long as you can connect it to your job and your employer’s negligence.

FELA claims for illnesses require extensive evidence. If you need to file a claim, a FELA lawyer can help gather evidence that supports your case and pursue the compensation you are entitled to.

Can an Illness Count as an Injury Under FELA?

Yes, an illness can count as an injury under FELA. The law, codified in 45 U.S.C. §§ 51–60, covers not only sudden physical injuries, but also occupational conditions that develop over time.

To qualify for compensation, you must prove that your illness is connected to your job and that your employer’s negligence contributed to the condition.

These claims often require more detailed evidence than traditional injury claims, including medical documentation and proof of unsafe working conditions over time.

Common Illnesses Covered Under FELA

Railroad workers can develop a wide range of illnesses due to the nature of their work.

Conditions that you may be able to file a FELA claim for include:

• Respiratory illnesses from toxic exposure: Railroad workers are often exposed to diesel exhaust, asbestos, silica dust, and fumes from hazardous chemicals. Over time, these exposures can lead to conditions such as chronic obstructive pulmonary disease (COPD), lung cancer, or asbestosis, which can qualify as FELA injuries.
• Repetitive stress conditions: Constant physical strain from lifting, bending, or using tools can lead to chronic conditions such as carpal tunnel syndrome or tendinitis. These injuries may develop gradually, but they can still be tied to unsafe work practices or a lack of proper training.
• Hearing loss from prolonged noise exposure: Railroad environments are loud, and long-term exposure to high noise levels can lead to permanent hearing damage. If employers fail to provide proper hearing protection or enforce safety standards, this type of condition may be compensable.
• Cancer linked to workplace hazards: Exposure to carcinogenic substances can increase the risk of various cancers. If you can establish a connection between your illness and workplace exposure, you may qualify for compensation.

What Counts as Negligence in a FELA Claim?

Simply having a work-related illness is not enough to receive compensation under FELA. To qualify, you must show that your employer failed to provide a reasonably safe work environment.

Negligence can take many forms, including:

• Failure to provide protective equipment: Employers are responsible for supplying proper safety gear, such as respirators or hearing protection. If they fail to do so, they may be held liable for resulting illnesses.
• Failure to warn about hazards: Workers must be informed about the risks they face on the job. If an employer knew about dangerous substances or conditions and failed to warn employees, that can support a FELA claim.
• Failure to enforce safety standards: Even when safety rules exist, they must be enforced. Ignoring violations or allowing unsafe practices to continue can constitute negligence.
• Failure to reduce known risks: Employers have a duty to take reasonable steps to minimize hazards. This includes improving ventilation, limiting exposure, and implementing safer procedures.

What Types of Evidence Do I Need to Prove an Illness in a FELA Case?

One of the biggest challenges in FELA illness cases is proving causation. Unlike a sudden accident, where the cause is often obvious, illnesses can develop over months or years and may have multiple contributing factors.

To succeed, you need to connect your condition directly to your work environment.

Types of evidence that may help you include:

• Medical records and expert testimony: Doctors can provide opinions linking your illness to workplace exposure. Testimony from specialists may be necessary to explain how certain substances or conditions caused your disease.
• Employment history and exposure records: Detailed information about your job duties, locations, and length of exposure helps establish a timeline. The more specific you can be, the stronger your case.
• Workplace safety reports: Documentation of hazardous conditions, violations, or complaints can support your claim. These records show that the employer knew or should have known about the risks.
• Witness statements: Coworkers may be able to confirm unsafe conditions or a lack of protective measures.

What Types of Compensation Are Available in FELA Claims?

If your illness qualifies under FELA, you may be entitled to a broad range of damages, including:

• Medical expenses: You can recover the cost of medical treatment, including hospital stays, medications, and ongoing care related to your illness.
• Lost wages and reduced earning capacity: If your condition prevents you from working or limits your ability to earn, you may be compensated for both past and future income losses.
• Pain and suffering: Chronic illnesses can cause significant physical discomfort and emotional distress. FELA allows you to seek compensation for these non-economic damages.
• Loss of quality of life: Serious conditions can affect your ability to enjoy daily activities. Your compensation may reflect the illness’s long-term impact on your lifestyle.

How Long Do I Have to File a FELA Claim for an Illness?

In most cases, you have three years from the date of an injury to file a claim under FELA. However, if you developed an illness or injury over time, the clock starts when you knew (or reasonably should have known) that your illness was related to your work. This is known as the “discovery rule.”

Waiting too long to file can make evidence more difficult to obtain, which is why it’s important to hire a railroad attorney early on.

Speak to a FELA Attorney

While certain illnesses are covered under FELA, it’s rarely easy to obtain compensation for one. A FELA attorney from Poolson | Oden can review your case, confirm your eligibility, and help you put together the strongest possible claim.

Book a free case review to get help with your FELA claim.