If you are a railroad worker injured on the job in New York, you deserve strong legal representation from New York railroad injury lawyers who understand the unique challenges you face. At Hach & Rose, LLP, our skilled railroad injury attorneys have extensive experience in representing injured rail workers under the Federal Employers’ Liability Act (FELA). When you partner with our team, we will work hard to ensure you receive the full compensation you deserve.
We understand the physical, emotional, and financial toll a railroad injury can take. From traumatic brain injuries to repetitive stress disorders, we fight to hold negligent railroad companies accountable. Whether you work for the Long Island Railroad, Metro-North, Amtrak, CSX, or another carrier, our dedicated team knows the rail industry inside and out—and we are ready to help you.
Contact Hach & Rose Today for a Free Consultation
- Contact Hach & Rose Today for a Free Consultation
- Key Takeaways About Railroad Injury Claims
- What is the Federal Employers’ Liability Act (FELA)?
- Common Types of Railroad Injuries in New York
- Typical Causes of Railroad Accident Claims We Handle
- Partner with Our Experienced Railroad Injury Lawyers
- Who Is Eligible for Compensation Under FELA?
- Railroad Workplace Safety and Federal Standards
- Our Recent Results in Railroad Injury Cases
- Understanding the Legal Process for Railroad Injury Claims
- Frequently Asked Questions FAQs About FELA and Railroad Injury Claims
- Contact Our New York Railroad Injury Lawyers: We Understand How FELA Affects Your Claim
- Forty Years of Railroad Union Service
- Hach & Rose, LLP‘s Professional Memberships
- Contact a FELA Attorney Today
- We Fight For Maximum Compensation
Key Takeaways About Railroad Injury Claims
- Controlled by the Federal Employers’ Liability Act (FELA): FELA protects railroad workers injured on the job by allowing them to seek compensation when the railroad’s negligence contributed to their injury, no matter how small the degree of fault.
- Expanded Compensation: Unlike workers’ compensation, FELA allows injured railroad employees to pursue damages for medical bills, lost wages, pain and suffering, and other losses.
- Broad Worker Coverage: Employees across various railroad roles—including engineers, conductors, machinists, electricians, and yard workers—are typically eligible under FELA.
- Common Causes: Railroad accidents often result from derailments, equipment failures, collisions, unsafe working conditions, and other causes.
- Strict Deadlines: The statute of limitations in New York generally allows three years to file a FELA claim, but acting promptly safeguards evidence and your legal rights.
- Experienced Advocacy Matters: Given the railroad industry’s complexity and the resources of large railroad companies, knowledgeable legal counsel is essential for maximizing compensation.
Your Legal Costs: At Hach & Rose, LLP, there are no upfront fees, and you pay only if we win your case.
What is the Federal Employers’ Liability Act (FELA)?
The Federal Employers’ Liability Act (FELA) is a federal law passed to protect railroad workers injured on the job. Unlike workers’ compensation laws, which often limit benefits and bar lawsuits, FELA allows railroad employees to file claims and lawsuits for all damages resulting from employer negligence. This includes medical expenses, lost wages, pain and suffering, and other losses.
Under FELA, you do not need to prove that the railroad was completely at fault—only that employer negligence played a part in your injuries, even as little as 1%. This comparatively low burden of proof makes FELA a powerful tool for injured rail workers.
At Hach & Rose, LLP, we have over 25 years of experience navigating the nuanced and complex area of FELA claims. Whether the injury occurred on the tracks, in the yard, or in maintenance facilities, our team will thoroughly investigate and litigate your case. Railroad accident, who can I sue is an important question our attorneys address as we identify every party that may be responsible for your injuries.
Common Types of Railroad Injuries in New York
Railroad work exposes employees to a wide range of hazards that can cause severe, often catastrophic injuries. Some of the most frequent injury types we handle include:
- Traumatic brain injuries (TBI) from falls or crashes
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe burns and electrical injuries
- Crush injuries from machinery or coupling accidents
- Repetitive stress disorders like carpal tunnel and tendonitis
- Hearing loss and tinnitus caused by long exposure to loud noise
- Injuries from falls on uneven platforms or into track gaps
No matter the injury, these incidents can cause long-term disability and severely disrupt your life.
Typical Causes of Railroad Accident Claims We Handle
Railroad work, while vital to transportation and commerce, remains inherently dangerous. Many factors contribute to accidents and injuries on the rails, in yards, and at maintenance facilities. Understanding these causes helps injured workers recognize potential legal claims and the importance of skilled legal representation. The Rail Safety Improvement Act also sets critical federal standards that rail companies must follow to reduce these risks and protect workers.
Derailments
Derailments occur when trains or railcars run off or detach from the tracks. Causes include:
- Defective or poorly maintained rails and ties
- Excessive train speed around curves or fragile sections
- Obstructions on the tracks
- Mechanical failures, such as wheel defects
Due to trains’ immense size and weight, derailments often lead to catastrophic injuries. FELA holds railroads liable for failures to maintain tracks and equipment properly.
Coupling Injuries
Injury-prone tasks include coupling and uncoupling railcars. Hazardous coupling may result from:
- Failure to use modern automatic couplers
- Inadequate training or supervision
- Sudden jarring collisions during coupling
Workers such as brakemen, conductors, and yardmasters frequently face these risks.
Electrical Hazards
Railroad employees often interact with high-voltage equipment, including:
- Third rails carrying electrical current
- Overhead catenary wires
- Locomotive power systems
Electrical injuries may include shocks, burns, and arc flash incidents. Insufficient safety protocols or faulty equipment can lead to severe or fatal accidents.
Slip, Trip, and Fall Accidents
Dangerous conditions like uneven walkways, wet floors, and poorly maintained platforms cause many worker injuries. Common hazards include:
- Platform gaps between trains and stations
- Slippery or obstructed pathways in yards
- Unsafe ladder use in maintenance operations
Railroad companies must ensure workplaces comply with rigorous safety standards to prevent these accidents.
Equipment and Mechanical Failures
Worn or defective machinery can lead to equipment malfunctions and injuries, including:
- Brake failures
- Faulty signals causing collisions
- Boiler explosions aboard locomotives
Regular inspections mandated by federal agencies are critical. When railroads neglect maintenance, they risk significant liability.
Train Collisions
Collisions between trains or with vehicles pose deadly risks, often attributed to:
- Signal malfunctions
- Operator error or fatigue
- Excessive speeds
- Communication failures
FELA permits injured workers or families to pursue claims for negligence leading to collisions and fatalities.
Exposure to Toxic Substances
Railroad employees may be exposed to hazardous materials like asbestos or chemicals, leading to occupational diseases such as:
- Mesothelioma
- Lung cancer
- Respiratory ailments
Employees suffering from these illnesses due to inadequate protection or unsafe environments have rights under FELA.
Repetitive Trauma and Occupational Injuries
Years of performing repetitive motions, such as lifting heavy loads and operating machinery, can cause cumulative injuries, including:
- Carpal tunnel syndrome
- Tendonitis
- Hearing loss from exposure to loud noises
Such conditions are often underrecognized but compensable under FELA claims.
Partner with Our Experienced Railroad Injury Lawyers
At Hach & Rose, LLP, our attorneys bring deep knowledge of railroad industry challenges to every case. We investigate causes comprehensively, identify all liable parties, and aggressively pursue maximum compensation to support your recovery and future security. Railroad worker accidents often involve complex federal laws, and our team is prepared to handle every detail to protect your rights.
Contact us today at (646) 971-9333 or visit our online contact form to schedule a free consultation with experienced New York railroad injury lawyers dedicated to your case.
Who Is Eligible for Compensation Under FELA?
FELA applies to workers injured while engaged in interstate railroad commerce. This covers employees across many roles, such as:
- Engineers and Conductors
- Machinists and Mechanics
- Electricians and Signal Operators
- Yard Workers and Laborers
- Track Inspectors and Switch Operators
- Train Cleaners and Maintenance Staff
If your job duties involved railroad work crossing state lines, you likely qualify for FELA protections.
Railroad Workplace Safety and Federal Standards
Federal regulations meticulously govern railroad safety standards. The Occupational Safety and Health Administration (OSHA), Federal Railroad Administration (FRA), and other agencies enforce rules covering equipment maintenance, worker protection, and incident reporting.
Based on the rules and regulations administered by these departments, railroads must:
- Conduct regular inspections and safety audits
- Provide mandated safety training and protective gear
- Implement safety protocols for high-risk operations
- Report injuries and violations promptly
When rail companies disregard these requirements, they open themselves to liability under FELA.
Our Recent Results in Railroad Injury Cases
Hach & Rose, LLP has secured significant verdicts and settlements in New York for railroad workers, including cases involving:
- Multi-million-dollar recoveries related to derailment injuries
- Substantial awards for electrical burns and shocks
- Settlements for burns from defective equipment
- Compensation for traumatic brain injury and permanent disability
Our aggressive pursuit of justice has obtained the compensation needed to cover medical bills, lost wages, and lifelong care for our injured rail employee clients.
Understanding the Legal Process for Railroad Injury Claims
Navigating a FELA claim can be complex. Here is the typical process:
- Free Consultation: We evaluate your case, explain your options, and calculate potential compensation.
- Investigation: Our team collects evidence, including accident reports, medical records, and witness statements.
- Filing Your Claim: Your attorney will prepare and submit all required legal documents before deadlines.
- Negotiation and Settlement: We negotiate with liable companies and insurers to secure a fair settlement.
- Litigation: If negotiations fail, we fight for you at trial.
- Recovery: Once resolved, compensation is disbursed, helping you rebuild your life.
Frequently Asked Questions FAQs About FELA and Railroad Injury Claims
What is FELA?
The Federal Employers’ Liability Act is a federal law enabling injured railroad workers to sue their employer for negligence and seek full compensation beyond workers’ compensation.
Why can’t I file under workers’ compensation?
Railroad workers are generally not covered by state workers’ compensation and must rely on FELA claims for injury benefits.
How much time do I have to file a claim?
In New York, you have three years from the date of injury to file a FELA claim, but taking earlier action preserves vital evidence.
What if I was partly at fault?
FELA follows a comparative fault system, so if you are found partially at fault, your recovery is reduced proportionally but not barred by your own negligence.
Do I need a union to file a FELA claim?
No, but union affiliation can influence your claim strategy. We work with many union members and represent various railroad workers.
How much does hiring a FELA lawyer cost?
At Hach & Rose, we handle cases on a contingency fee basis. As a result, you owe no fees unless we recover compensation for you.
Contact Our New York Railroad Injury Lawyers: We Understand How FELA Affects Your Claim
If you have suffered a railroad injury on the job, the sooner you take action, the better. At Hach & Rose, LLP, we thoroughly understand the complexities of FELA law and railroad industry risks. Our compassionate, skilled attorneys can aggressively pursue maximum compensation for you and your family.
Call us today at (646) 971-9333 or toll-free at 1-866-LAWS-USA. You can also fill out our confidential online form for a free case evaluation. At Hach & Rose, we dedicate ourselves to protecting your rights, so you can focus on your recovery.
Michael A. Rose
Michael Rose has helped thousands of accident victims put their lives back together after tragedy struck. While his clients are drawn to his compassion and personal attention, his tenacity in the courtroom has helped him secure millions in compensation for his clients. As a member of the New York State Trial Lawyers Association Labor Law Committee, a large focus of his work is union and railroad cases. His practice includes FELA claims for any work-related injuries, including long-term trauma, occupational diseases, and more.Mr. Rose’s intimate knowledge of railroad laws and his resolve to fight for his clients’ financial security have led to seven-figure jury verdicts and settlements, as well as numerous honors. He was named a lifetime member of the prestigious Million Dollar and Multi-Million Dollar Advocates Forum, in which fewer than one percent of U.S. lawyers are members, he has been peer rated for the highest level of professional excellence by Martindale-Hubbell®, and he has been included on the New York Super Lawyers list consistently from 2013-2019.While his litigation and negotiation experience are unparalleled, it’s his deeply rooted sense of fairness and justice that has enabled him to fight so successfully on behalf of his clients.
Mark Glen Sokoloff
Mark Sokoloff specializes in representing railroad workers under the Federal Employers’ Liability Act (FELA), as well as National Mediation Board Arbitrations, railroad wrongful termination, and employment discrimination claims. He brings over 25 years of trial experience to his cases .As an esteemed litigator in railroad law, Mr. Sokoloff is Designated Counsel to both the International Association of Machinists and Aerospace Workers AFL-CIO Local Lodge 754 and the Independent Railway Supervisors Association (IRSA).Mr. Sokoloff initiated the “Agent Orange” class action (Reutershaun v. Dow Chemical) which led to a record liability settlement of $750 million dollars, and he has additionally secured millions of dollars in settlements and jury verdicts for injured railroad workers. Mr. Sokoloff is currently representing permanently injured Amtrak, LIRR, Metro-North, Path, Union Pacific, and CSX employees in FELA matters all across the country. Mr. Sokoloff has launched his Railroad union law blog called RailRoad Ties, with informative articles on employee rights under both federal law and within respective collective bargaining contracts.
Forty Years of Railroad Union Service
Mark Glen Sokoloff began a career in Railroad Labor Law and FELA in 1977 as an Associate and then a Partner in the firm of O’Hagan & Reilly. Over this period of time, Mr. Sokoloff’s firm was designated Union Counsel to the Carman Union, The U.T.U., IAWS, and IRSA, an independent union of Supervisors Sokoloff formed twenty-two years ago.
Since 1977, Mr. Sokoloff has represented most crafts on railroads across the country, including Machinists, Foremen, Conductors, Engineers, Hostlers, Carmen, Car Inspectors, Plumbers, Switch Operators, Master Mechanics, Wrecking Crews, Catenary Linemen, Laborers, Flagmen and BRAC Employees. Mr. Sokoloff filed the Second Circuit U.S. Court of Appeals case of Bates vs. LIRR, establishing railroad union worker civil rights under the A.D.A., a precursor to the present-day U.S. Railway Safety Act.
Sokoloff’s mentor was Anthony D’Avanzo, who first obtained the benefits railroaders enjoy today, including pensions, sick time, and disabled accident benefits.
Mr. Sokoloff joined the Labor Law firm of Hach & Rose, LLP in 2008 to head up the FELA/Railroad injury department.
Hach & Rose, LLP‘s Professional Memberships
- Academy of Rail Labor Attorneys
- International Association of Machinists and Aerospace Workers AFL-CIO Local Lodge 754
- Independent Railway Supervisors Association (IRSA)
- New York State Trial Lawyers Association Labor Law Committee
- New York State Bar Association
- Association of the Bar of the City of New York — Former member, Tort Litigation Committee
- New York State Trial Lawyers Association
- American Association of Justice
John Patrick Connery
Jonathan Connery is a valuable asset to every case he joins. A graduate of Brooklyn Law School, his attention to detail and understanding of the FELA statute enables him to be an invaluable asset to our FELA team.
Contact a FELA Attorney Today
Because railroad workers are not covered by workers’ compensation if they’re hurt on the job, it’s important to hire attorneys who are intimately familiar with the details of railway law, so they can pursue the comprehensive compensation afforded under the Federal Employers’ Liability Act (FELA). The FELA lawyers of Hach & Rose, LLP have the drive and industry knowledge to support your case and secure maximum damages for those who have been harmed in the railroad industry. We are here for your questions and concerns. Contact us online, chat with us, or call us at (646) 971-9333 to schedule a free consultation.