Railroad Accident Claims

Cincinnati Railroad Worker Injury Attorneys

Were You Injured in an Accident While Working in a Rail Job?

Railroads often involve hazardous working conditions, such as heavy machinery, high-speed trains and dangerous chemicals or cargo. This environment increases the risk of severe injuries and fatalities compared to other industries.

Unlike most workers, who are covered by the Ohio Bureau of Workers’ Compensation (BWC) in the event of workplace injuries, railroad workers are protected under the Federal Employers’ Liability Act (FELA).

FELA is a federal law that allows injured railroad workers to sue their employers for negligence and recover damages. This is markedly different than BWC where claims are an “exclusive remedy,” meaning workers can’t sue their employer for additional damages after they’ve filed a workers’ comp claim. Because the no-fault workers’ compensation system doesn’t apply to FELA claims, injured railroad workers may need to prove negligence on the part of their employer.

Injured railroad workers can seek compensation for medical expenses, lost wages and pain and suffering.

What’s Unique About FELA and Railroad Accident Injuries

Proving negligence: Under FELA, railroad workers must prove that their employer’s negligence played a role in causing their injury, even if it was only a partial cause. This differs from the no-fault workers’ compensation system, where employees generally do not need to prove negligence to receive benefits.

Potential for larger recoveries: FELA claims can result in larger financial recoveries for injured railroad workers compared to standard workers’ compensation claims, as they can include compensation for pain and suffering and other non-economic damages. However, the burden of proof is higher, as workers must establish employer negligence to recover damages.

Federal safety regulations: The railroad industry is subject to various federal safety regulations, such as those enforced by the Federal Railroad Administration (FRA) and the Occupational Safety and Health Administration (OSHA). Violations of these regulations may be relevant in FELA claims, as they can help establish employer negligence.

Unique types of injuries: Railroad workers may experience unique types of injuries, such as those caused by repetitive stress, cumulative trauma or exposure to toxic substances. These injuries may be more challenging to link to specific incidents or workplace conditions, making it more difficult to prove employer negligence.

Multi-state operations: Railroads often operate across state lines, which can create complexities in terms of jurisdiction and applicable laws when it comes to injury claims. Injured railroad workers may need to navigate different state and federal laws when pursuing their FELA claims.