New York Personal Injury Lawyers
Since workers started laying tracks more than 200 years ago, working for the railroad has been considered dangerous. And while the railroad industry is certainly much safer today, it’s still one of the most dangerous industries to work in. However, if you’re a railroad worker who’s been injured on the job, you have a right to pursue compensation under the Federal Employers’ Liability Act (FELA).
In fact, unlike workers’ compensation, which usually only covers medical expenses and partial wages, FELA allows railroad workers to file a claim or a lawsuit for all damages, such as lost wages, current and future medical expenses, benefits, pain and suffering, aggravation of pre-existing conditions, and lower quality of life. And also, unlike workers’ compensation, a jury decides FELA lawsuits, likely citizens from your own community. You need only establish that negligence by your railroad company contributed to your injury. Even if you were partly responsible for your injury, if you can prove that your railroad company was partly responsible — even only one percent responsible — you have a viable case.
While railroad workers enjoy broad protections under FELA, these cases are not cut and dry, and, in fact, they can be incredibly complex, with multiple parties involved in a single case. FELA cases are a highly specialized area of law, and it’s crucial that you hire an experienced attorney to represent you. Railroad companies will use the full weight of their resources to reduce claims and fight lawsuits, and numerous factors may affect your case.
For example, since most railroad companies provide interstate transportation, railroad employees may file lawsuits in a state or federal court. Often a skilled attorney will know which might be to your advantage, depending on your case details. A skilled attorney will clarify the full scope of your rights, such as the damages you may pursue. In addition, your compensation may depend on the railroad company’s degree of negligence. If, for example, the compensation for your injury was $500,000, but the railroad company was found to be only half responsible for the cause of the injury, your compensation received would be $250,000. It’s critical that you hire an attorney who understands every detail of your case — who will ask the right questions, conduct a thorough investigation, gather statements, records, and any other information that will support your claim and maximize your compensation.
In the state of New York, you have up to three years from the date of your injury to file a lawsuit. But don’t wait that long. The sooner an experienced law firm begins investigating your case, the sooner it can uncover evidence that may not exist down the road.
If you’re a railroad worker who’s been injured on the job, contact an experienced New York FELA attorney at Hach & Rose, LLP today. Contact our team of personal injury attorneys online, or call us at (646) 798-7585 or (866) LAWS-USA to schedule a free consultation.
Experienced FELA Representation for Union Members
Hach & Rose, LLP has extensive experience fighting for union members and their families. We represent railroad workers employed by the Long Island Railroad (LIRR), Amtrak, Metro North, Chessie Seaboard Expanded (CSX), New Jersey Transit, Consolidated Rail Corporation (Conrail), and other railways.
Our New York FELA attorneys are also designated counsel for the International Association of Machinists and Aerospace Workers Local Lodge 754 and the Independent Railroad Supervisors Union (IRSA).
Common Types of Railway Accidents
Train accidents in New York and throughout the United States occur for a variety of reasons, and at Hach & Rose, LLP, we are ready to take on cases involving:
Do not hesitate to contact us today to discuss your situation if your injury occurred for one of the above-listed reasons.
A derailment can occur when a train’s wheels or bearings detach from the rail tracks, leaving the engineer unable to control the train. A derailment may be caused by excessive speeds, overly sharp turns, or defective rails, for example, and can lead to a catastrophic crash for passengers and employees.
Accidents related to coupling – the method of joining two rail cars – have historically been a leading cause of injuries in the railroad industry. Today, most train companies use automatic couplers to reduce the risk of a worker getting caught between trains. Not using an automatic coupler, in fact, may be grounds for negligence. But even when automatic couplers are used, when the trains collide too hard or quickly, there is a real risk of injury to employees.
Coupling injuries can occur after an accident on the job or through a cumulative effect. Certain workers are more vulnerable to suffering coupling injuries:
While anyone working around a train is subject to certain risks, these workers are susceptible to some of the most horrific injuries that could be suffered in the railyard.
There is an abundance of activity in a train yard, so if the environment is not carefully managed, there may be risks to employees, such as tripping over misplaced materials, falling in holes, and falling over debris and spare parts.
A train yard is filled with vehicles besides train cars, such as forklifts for moving cargo and specialized vehicles for handling and lifting containers. Several factors can lead to accidents and injuries, such as a forklift carrying an oversized, unbalanced load, a defect with the vehicle used, or material left in the path of moving vehicles.
Whether you’re on a train or in a rail yard, electricians and other railroad workers may face electrical hazards in the form of exposed electrical wiring, contact with high-voltage power lines and rails, or an electric arc caused by a short in a high-voltage power line.
Railroad workers can suffer electrocution injuries for a variety of reasons. Some of the most common causes include:
- Electrical wiring or equipment issues
- Contact with overhead power lines
- Machinery or appliance issues
- Arc flashes
- Fires or explosions
The causes of electrocutions are not always immediately apparent, underscoring the importance of having an attorney conduct a thorough investigation. You will want to get real answers as to what happened and who can be held responsible.
Ladders are used more often than you might think in a rail yard, whether it’s a ladder attached to the train itself or a freestanding ladder used to work on power lines. And ladder accidents also occur more than you might think. Whether it’s due to the use of a ladder that has structural damage, a ladder that’s too short for the job, or a lack of safety equipment, ladder injuries are all too frequent and can result in serious injuries.
Heavy lifting is a frequent activity in rail yards, but when a two-man job is performed by one due to understaffing or when a worker carrying a load trips and hurts the person helping them carry it, lifting can become a quick path to an injury. Negligence of a co-employee is attributable to the employer.
Whether you’re repeatedly kneeling to work on the rails, throwing switches, or constantly dismounting from rail cars, repetitive stress injuries are all too common for rail workers, who may suffer from work-related carpal tunnel syndrome, tendinitis, rotator cuff tears, tennis elbow, or chronic back pain. Hearing loss or tinnitus can also be caused by long-term exposure to excessive noise at the rail yards.
The platform gap refers to the space between a train and the edge of the railroad station platform, and mechanical extensions known as gap fillers may be used on certain train lines in New York City. In various other cases on older platforms in the area, railroad workers can be involved in accidents while working on particularly dangerous platform gaps. Platform accidents can occur when trains are stopped or if they are still in motion. Many railroad workers have to work in platform gaps even while trains are functioning, which can increase the likelihood of accidents involving moving trains.
Railroad workers in New York can often be asked to perform work in various difficult circumstances, but employers must ensure that workplaces are as safe as possible. In some situations, railroad workers can be injured in accidents caused by unreasonably unsafe worker walkways. Railroad companies must make sure that workers can safely perform their jobs, and an employer can be responsible for injuries caused by dangerous walkways for workers. Several railroad construction and job sites involve some perilous walkways for workers that can be extraordinarily difficult to traverse.
You may be entitled to financial compensation if you have suffered injuries through contact with electrical third rails or catenary lines. As a railroad worker, you are under tremendous pressure to add to the growing train and light rail lines across our city and the country.
Burn injuries could result from thermal or electrical energy on railroads, and a burn injury is classified based on how deep the burn is and the body area that the burn covers. Most large burns involve varying depths, and victims will typically face an agonizing road to recovery.
People may be able to survive serious burn injuries, but the burns can leave them with scars and numerous forms of impairment. A railroad worker who sustains burn injuries could be entitled to compensation through the Federal Employers’ Liability Act (FELA).
Due to the dangerous nature of railroad work, many workers suffer head trauma, resulting in traumatic brain injuries (TBI). A victim of a head injury may suffer a wide range of symptoms. If these symptoms continue for an extended period, the injured railroad worker may have suffered severe trauma. Moderate to severe symptoms may include:
- Agitation and unusual behavior
- Loss of coordination
- Poor attention and concentration
- Slurred speech
- Prolonged nausea
Victims who have sustained even more severe brain trauma may suffer from a loss of physical or mental ability, paralysis, drastic personality changes, or memory loss.
The spinal cord consists of long nerves connected to your upper and lower body. The nerves in the spinal cord are essential for mobility and feeling across your body, from your arms and torso to your legs and feet. The vertebrae’s bones, tendons, and ligaments protect the spinal cord from injury. However, if you suffer a back or neck injury as a railroad worker, broken bones, swelling, and bleeding can all cause permanent damage to the spinal cord.
Depending on the location and severity of the injury to your spine, you may face various health consequences which impact normal functions in all or part of your body. Treatment and therapy for a spinal injury are expensive and ongoing, and you need significant financial resources to access the medical care you need. If you are a railroad worker who suffered a spine injury while on the clock in New York or elsewhere because of an unsafe condition, you aren’t restricted by any workers’ compensation insurance coverage. You can pursue a claim under the FELA.
There have been vast improvements in protecting railroad worker safety in the workplace. However, unfortunate accidents still occur yearly that cause railroad workers severe injuries and even death.
According to the Bureau of Transportation Statistics, there were 17 railroad employee fatalities and 3,855 employee injuries in 2018. When a railroad worker is hurt or tragically dies because of a safety hazard, families are left struggling to deal with losing a loved one while also under tremendous pressure to pay hospital bills, funerals costs, and worrying about their financial future with one less breadwinner.
If you have tragically lost a family member in a railroad accident, contact the FELA attorneys at Hach & Rose, LLP, to schedule a free, confidential consultation. Call us at or reach out to us by e-mail or online chat.
Unfortunately, railroad workers are exposed to hazardous materials every day. Working with materials containing asbestos can send asbestos fibers into the air and end up being inhaled. These tiny fibers can become lodged in your organ tissues and develop into mesothelioma cancer.
When handling hazardous materials and working in unsafe environmental conditions, your employer should always provide you with the necessary equipment and protective gear. Gloves, face shields, and coveralls can protect you from asbestos and other illness-causing carcinogens.
Railroad switches and signals are two of the many safety mechanisms essential on train tracks. These devices help prevent disastrous and often deadly collisions between trains and other vehicles. As a railroad employee, you rely on these systems to keep you safe while you are at work, and when a switch or signal fails at your worksite, you may face life-altering physical injuries.
You deserve fair compensation if you suffered severe or catastrophic injuries due to a failing switch or signal. The Federal Employers Liability Act (FELA) can help ensure you have the financial support you need to pay for your injuries and cover lost wages. However, you must work with an experienced FELA lawyer to win your case.
The nature of railroad worker injuries varies widely, but many severe railroad injuries are caused by moving equipment accidents. Hard coupling accidents between trains are one of the leading causes of injuries in the rail yard. Coupling is the method of joining two rail cars, and when the trains collide too quickly, there is a real potential for employees on board or close to the rail cars to be injured.
Employees also risk injury when they dismount from a moving rail car. While this is not done as often as 30 years ago, some railroad companies still permit this practice, as long as safety guidelines are followed, such as ensuring the locomotive is moving at a walking pace. But one wrong step can still lead to a severe injury, and repeated dismounting from the cars can lead to repetitive trauma, which harms the body over time.
Moving tractors in the rail yard risk dropping loads too close to employees or falling over if they carry an unbalanced load. And any slip-and-fall accident near a moving train car could result in a catastrophe.
Boilers onboard a locomotive should be regularly inspected, maintained, and utilized according to important safety standards. If a railroad company does not follow through with its obligation to maintain a high degree of safety in the use and maintenance of locomotive boilers, it can seriously endanger any employees working on or near unsafe trains. In some cases, improper use and care of boilers can result in catastrophic explosion accidents that may severely injure those onboard the affected locomotive.
The Federal Employers Liability Act (FELA) allows injured railroad workers to pursue compensation for injuries caused by their employer’s negligence, such as serious communications or organizational breakdowns which lead to an accident, such as a head-on train collision. These extremely dangerous accidents can cause devastating destruction and severe injuries for those involved. When a railroad company fails to take the necessary safety precautions needed to prevent a head-on accident, they should be the ones to bear the financial consequences of the accident and the victims’ losses.
The proper functioning of crossing signals used to warn workers and other drivers of train crossings is crucial to the safety of all these parties, as a malfunction or defect in these signals could cause devastating and traumatic accidents. Because of the danger that train accidents pose to train workers, New York enacted the Federal Employers Liability Act (FELA), which allows injured workers or the families of workers killed in accidents to pursue legal action against railroad companies when their negligence results in a train accident.
Allowing a crossing signal to become defective or a malfunction is a definite act of negligence on the part of a railroad company and something for which the company should be held responsible when it causes an accident.
A railway employee injured in a fall involving a commuter train may be eligible to file for compensation from his or her employer if the company failed to take the proper safety precautions to prevent the accident. The following accidents may occur because of a lack of adequate safety measures:
- Falls on unsafe floors, stairways, or ramps at a station
- Falls on trains, often caused by unmaintained train cars or conductor errors
- Gap falls
These fall dangers may be blamed on a negligent commuter railway company, leaving the business liable for injury costs to commuters and employees.
Train track switches are important features of railroads as they allow trains on the same track to bypass each other and switch tracks if necessary. Because these devices play an important role in train safety, railroad companies need to carefully monitor the status of track switches and correct any issues that may impede these crucial parts from working properly. However, if a railroad company fails to take action to maintain these essential track components, it may be held responsible for its actions if any employees are injured in accidents caused by switch failures.
Railroad employees should be able to trust their employers to err on the side of safety when it comes to any concerns about train traveling speeds. However, whether due to hiring dangerous conductors or pushing their crews to adhere to unreasonable schedules, railroad companies may endanger their employees due to excessive train speed. As a result of this lack of proper safety precautions, employees can suffer serious injuries in speed-related accidents that could have been prevented by their company’s compliance with locomotive speed and safety regulations.
If a length of railroad tracks is considered non-operational, any trains moving through that area should be promptly stopped and re-routed until repairs can be completed. Failing to do so can seriously endanger anyone on the train, including railroad workers, as these damaged tracks may cause train cars to derail. An employer must communicate to their train operators and employees the location of non-operational tracks and what routes to use instead. If this information isn’t provided, railroad workers injured as a result may be entitled to file for compensation due to their employer’s negligence.
A railway company is responsible to its employees and passengers to perform comprehensive inspections and regular maintenance on its locomotives. This can help prevent mechanical failures due to faulty or worn-out train parts. Frustratingly, though, not all train companies discharge this important duty, potentially resulting in malfunctions that can cause severe train accidents. However, railroad company employees may be able to pursue compensation for their injuries under the FELA.
Who Is Eligible for Compensation Under FELA?
Any interstate commerce railroad company employee is eligible to pursue compensation under FELA. Here in New York, this may be an employee of the Long Island Railroad or Metro North. Or it may be an employee of Amtrak, CSX, Union Pacific, Path NJ, and more. Because of the inherent dangers of working in the yard or on the train, many employees belong to unions that are also helping to advance workplace safety. Some of the most common railroad trades include:
A supervisor supervises and coordinates the activities of workers in the rail yard and on the trains. A supervisor’s role may be specific. For example, a track supervisor oversees construction, maintenance, and inspections. The Independent Railroad Supervisors Association was formed twenty-two years ago with the legal assistance of Hach & Rose, LLP attorney Mark G. Sokoloff as the first Designated Counsel. Mr. Sokoloff currently represents Supervisors on the LIRR, Metro-North, Path, and CSX Railroads.
A machinist works in the shop or in the yards, fixing just about anything broken on the train, such as a wheel that needs retrofitting or tending the mechanical control systems. Mr. Sokoloff is a Designated Counsel for District 19 of the International Association of Machinists and Aerospace Workers. Mr. Sokoloff currently represents Machinists in FELA and Labor Matters on the LIRR, Metro-North, Path, and CSX Railroads.
Conductors / Yardmasters
Conductors coordinate the activities of the train crew on the freight and passenger trains. On freight trains, they oversee the loading and unloading of cargo. Yardmasters oversee the workers in the rail yard, directing engineers to move cars as needed and ensuring trains carry correct freight material.
Locomotive engineers drive the freight or passenger trains between stations. They must be aware of the freight they’re carrying because different types of freight require different driving protocols.
Rail Yard Engineers
Railyard engineers drive the trains within the rail yard, moving locomotives between tracks or to the maintenance shop. Or they may oversee technology that moves the trains within the rail yard.
Switch, Signal, and Brake Operators
Brake operators help couple and uncouple train cars. Switch operators control the track switches and ensure trains move in the right direction. Signal operators maintain the signals along the tracks and in the rail yard.
Electricians will inspect, repair, and maintain the electrical components of the locomotives. They work on electrical systems and components with AC and DC voltage and usually have experience working with high-voltage circuitry.
Laborers work on various construction and maintenance duties on the railroad track and in the yard, such as repairing track switches, maintaining rails, erecting signage along the railway, and trimming hedges away from tracks.
Federal Safety Standards protect you
The fact is, there are federal laws in place to protect your safety. The federal government’s Code of Federal Regulations clearly outlines requirements for railroad workplace safety, including specifications, for example, for fall protection, scaffolding, eye and face protection, on-track safety procedures, and details such as appropriate climbing techniques for inspecting bridges. Railroad companies must also conduct periodic inspections — including monthly and quarterly inspections — to help ensure the safety of passengers and employees.
In addition, if an injury occurs and it’s shown that the railroad has violated any safety regulations or statutes, the railroad company will be fully liable for the injury, and negligence will not need to be proven.
Our Recent FELA Results
Settlement for Amtrak electric line person who fell off a ladder.
Settlement for LIRR Car Appearance Maintainer injured as a result of a blue flag violation, train moved while climbing coach car.
Settlement for a train crew as a result of a train derailment due to flooding in Oyster Bay, NY.
Settlement for a man who tripped and fell on railroad property with an arm injury.
Recovery against railroad for defective condition on property.
Settlement for a Metro North conductor who was injured due to a derailment in Cos Cob, Connecticut.
Settlement for LIRR Engineer who twisted his ankle on ballast, unsafe walkway.
Jury verdict for an engineer as a result of a train derailment in Jamaica, Queens, NY.
Settlement for Amtrak Hostler injured lumbar spine on unsafe track switch.
Settlement for a railroad worker who tripped and fell due to poorly lit walkway.
Settlement for a machinist injured at the Stamford, Connecticut Yard Repair Shop.
Settlement for Long Island Railroad conductor who fell through an unsafe gap between the train and the platform.
Settlement for a General Foreman injured in shop when a Nose of a Diesel fell on him.
Settlement for a Machinist whose hand was caught in railroad truck changing springs.
Settlement for a conductor suffering from reflex sympathetic dystrophy/compartmental pain syndrome injured as a result of a rough track in the LIC yard.
Settlement for a railroad worker who lost hearing due to exposure to noise at the LIRR Hillside Facility violating OSHA standards.
We have over three decades of experience handling FELA and FRSA matters in New York. We are active Academy of Rail Labor Attorneys members and routinely handle all types of cases for injured railroad workers. Our commitment to each and every client is to aggressively pursue the maximum case value allowed by the FELA and FRSA laws.
- Amtrak (National Rail Passenger Corp. or NRPC)
- CSX Railroad (CSX Rail)
- Metro-North Commuter Railroad (Metro-North Railroad or MN RR)
- New Jersey Transit (NJ Transit Rail)
- Long Island Railroad (LIRR)
- Port Authority Trans-Hudson (PATH or PATH Rail)
- Union Pacific Railroad
More Information About FELA Cases
The Hach & Rose, LLP Attorneys Working for You
Because railroad law is so incredibly specialized, it’s crucial that you hire attorneys who have the detailed knowledge and experience needed to win your case. Hach & Rose, LLP attorneys have won millions of dollars for union members and their families, including numerous seven-figure settlements and jury verdicts. And we have more than three decades of experience representing employees of railroad companies, such as Amtrak, Chessie Seaboard Expanded (CSX), Consolidated Rail Corporation (Conrail), the Long Island Railroad (LIRR), Metro North, and New Jersey Transit.
We are active Academy of Rail Labor Attorneys and the New York State Trial Lawyers Association members. We also counsel the International Association of Machinists and Aerospace Workers AFL-CIO Local Lodge 754 and the Independent Railway Supervisors Association (IRSA). Whether you have suffered harm from electrocution, a platform gap, or excessive train speed, we fight passionately and skillfully for every injured client.
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 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
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 TodayBecause 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 (212) 779-0057 to schedule a free consultation.
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