Traveling by train is one of the most common and efficient forms of commuting in and around New York City. Between the numerous subway lines, the Long Island Rail Road, the New Jersey Transit, the Metro-North Railroad, and Amtrak, hundreds of railroad workers help make these rail lines run as they should. However, due to the inherent danger of this job, many railroaders are injured in repairing, maintaining, or overseeing the trains and rail lines.
Railroad Worker Accidents are Common
When these accidents occur, transit workers typically experience serious disruptions. For instance, they may be physically affected to the point where they can no longer perform their jobs. Additionally, they may be affected financially, as workers’ compensation insurance can only help to an extent. Lastly, they may also suffer psychological effects from their accidents, such as post-traumatic stress disorder or PTSD. Fortunately for injured railroad workers, the Federal Employers’ Liability Act (FELA) is a federal law that protects railroaders and entitles them to compensation if they are injured while working. This protection applies to everyone employed by a railroad company participating in interstate commerce. However, FELA only covers individuals actively fulfilling work-related duties at the time of the accident. In addition, this statute mandates that New York railroad employers provide the following for their employers: a safe working environment, protection from harm by other employees, attentive supervision, safe equipment, and job training, if necessary. If any of these requirements go unfulfilled, resulting in an accident, the injured railroaders may be entitled to compensation from their employer. When pursuing compensation under FELA, New York train accident lawyers also must prove negligence on the part of the railroad company. Negligence refers to a failure to exercise the care that a reasonably sensible person would exercise in a similar circumstance.If the case is successful, the injured railroad worker can recover compensation for the following damages:
- Lost wages (past, future, and insurance coverage)
- Medical costs (past and future treatment)
- Pain and suffering
- Mental distress
- Permanent injuries
- Scarring or disfigurement