You can recover substantial financial compensation after a railroad accident amputation, including money for your medical bills, long-term treatment, lost work income, pain and suffering, and other injury-related losses.
Under the Federal Employers’ Liability Act (FELA), railroad workers have a greater ability to sue their employers for negligence, allowing the recovery of more damages than workers’ compensation alone would allow.
If you have suffered a limb amputation due to your railroad work, a railroad amputation lawyer can help you explore options for financial compensation.
How Common Are Railway Amputations?
Given the nature of the work, amputations are a relatively common type of injury for railroad workers compared to other forms of employment.
Railway injuries tend to be severe, and some studies on train-associated injuries suggest that amputations may make up as many as a quarter (24%) of severe traumatic railway accidents.
There are several ways that amputations can happen while on a railway worksite:
- A limb caught between a stationary and moving railcar
- An arm severed underneath the wheels of a railway car
- An arm being crushed by falling materials or defective equipment
- Deep cuts and lacerations from sharp objects on the worksite
- Limb amputation from a severe burn or explosion injury
Amputations may be immediate, or the injury can cause extensive damage to the limb so that it requires amputation.
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How Does FELA Impact Compensation for Railway Accidents?
Railroad worker injuries are covered under the Federal Employers’ Liability Act (FELA). FELA is a federal law that makes railroad companies liable when employees are harmed by workplace negligence.
The existence of workers’ compensation normally means that employees can’t sue their employers for negligence. FELA carves out a specific exception to employer immunity for railroad companies, allowing railroad employees to sue their employers for negligence if they are injured on the job. For example, if the employer did not provide proper safety equipment, they could be liable for the cost of the employee’s amputation injuries.
The existence of this law makes it easier for railway workers to sue for damages after an accident. It also allows them to recover non-economic compensation for pain and suffering, which workers’ compensation won’t cover.
Compensation You Can Recover After a Railroad Accident Amputation
Proving that your loss of limb happened due to a worksite injury is the easy part; the hardest part of a railway amputation claim is accurately accounting for the full extent of your losses. A lawyer can help you calculate your losses and provide a comprehensive assessment of your future expenses.
Compensation you can receive after a railroad accident amputation may include the following:
Medical Bills
Firstly, you can recover compensation for your emergency medical expenses. This includes the cost of hospitalization, surgery, and inpatient post-surgical care, as well as prescription medications.
Generally, the higher up a limb is amputated, the greater the medical costs of treatment.
Long-Term Rehab
Amputees may also have to undergo extensive physical therapy after losing a limb. A lawsuit can cover the costs of long-term physical and occupational therapy, as well as necessary medical devices.
If you have to switch to a different line of work, you may also be able to claim the cost of necessary vocational training and education.
Lost Work Income
Lost work income includes both the value of your regular hourly pay or salary as well as all other forms of lost employment compensation, such as bonuses, vacation days, sick time, expected overtime, and more.
Reduced Earning Capacity
A lawyer can also demand compensation for differences in your pre- and post-injury expected lifetime earnings. You can claim lost future earnings by comparing the typical career and earnings trajectory for someone in your position to your expected earnings with an amputation.
Accessibility Modifications
You may have to modify your home or vehicle to accommodate physical disabilities after losing a limb. A settlement can compensate you for the cost of these necessary changes.
Pain and Suffering
Under FELA, you can sue your employer for non-economic pain and suffering damages after an accident if they were negligent. The value of pain and suffering may be calculated based on the value of your explicit economic losses.
Loss of Life Enjoyment
Your amputation may make you unable to partake in activities you once enjoyed. A settlement can compensate you for this reduction in your quality of life and any inconvenience from scarring and disfigurement.
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Contact a Railway Accident Amputation Lawyer Today
An amputation can completely change your existence and result in a life of expensive medical treatment and rehabilitation.
The team at Poolson | Oden can be your legal representative and hold your employer accountable for their wrongdoing and harm. We have over 80 years of combined legal experience and can be counted on to protect your rights and interests, no matter the case.
If you have more questions about compensation you can receive after a railroad accident amputation or would like to discuss your case with a legal professional, contact Poolson | Oden today.
