Railroad Amputation Lawyers

Losing a limb due to a railroad accident of any kind can have a lasting and devastating impact on a person’s life. Not only will amputees have to deal with the physical and immediate pain of the injury, but they’ll also have to adapt to a new way of life afterward. That said, if you’ve required amputation after a railroad accident as a railroad employee, our seasoned FELA lawyers stand ready to help. Contact Hildebrand McLeod & Nelson LLP today so we can get started working on your case.

Railroad Amputation Causes

Railroad accidents can occur in many forms, and some are more likely to lead to severe injuries requiring amputation. Some of the most common types of railroad accidents that may result in amputations are as follows:

• Crush Injuries from Train Derailments: When a train derails, it can lead to significant wreckage, causing railcars to collapse or fall. Workers trapped in the debris may suffer crush injuries severe enough to necessitate amputation.
• Caught-Between Accidents: Railroad workers often perform tasks near heavy machinery and moving railcars. Getting caught between moving railcars, machinery, or other equipment can result in traumatic injuries to limbs, sometimes requiring amputation.
• Slip, Trip, and Fall Incidents: Slipping or tripping in the railyard or onboard a moving train can cause serious falls, sometimes resulting in fractures or injuries that lead to amputations, particularly if a limb is crushed under heavy machinery or equipment.
• Equipment Malfunctions and Failures: Defective or poorly maintained equipment, such as hydraulic lifts, couplers, or brakes, can malfunction, creating hazardous situations where limbs can be trapped or crushed, leading to amputations.
• Explosions and Fires: Chemical spills, fuel leaks, and other hazardous materials can ignite, causing explosions or fires. Workers may suffer severe burns or blast injuries requiring amputation as a result of these incidents.
• Severe Lacerations from Sharp Objects: In a busy railroad environment, sharp objects, such as metal shards, broken glass, or tools, can cause deep cuts or lacerations. If these injuries are severe and lead to significant tissue damage, amputation may be necessary.
• Heavy Lifting and Overexertion: Improper lifting techniques or lifting heavy objects without the correct equipment can lead to severe musculoskeletal injuries. In extreme cases, particularly with crush injuries, these can result in amputations.

Recoverable Compensation

If you’ve suffered an amputation due to a railroad accident, it’s crucial to understand that under the Federal Employers’ Liability Act (FELA), you have the right to seek compensation. The compensation is designed to help you manage the immediate and long-term consequences of your injury, ensuring you receive the support you need to adapt to life post-amputation.

Types of compensation you may be able to recover include:

• Medical Expenses: This covers the cost of emergency medical treatment, surgeries, hospital stays, prosthetic devices, ongoing rehabilitation, and any future medical care needed due to the amputation.
• Lost Wages and Loss of Earning Capacity: If your injury has caused you to miss work or reduced your ability to earn a living, you can claim compensation for lost wages during recovery and any future loss of earning capacity resulting from your reduced ability to work.
• Pain and Suffering: Amputation is a traumatic experience that goes beyond physical pain. Compensation for pain and suffering addresses the emotional and psychological impact of losing a limb, including depression, anxiety, and reduced quality of life.
• Disability and Disfigurement: Compensation may be awarded for the permanent disability and disfigurement resulting from an amputation, recognizing the lasting impact on your life and day-to-day activities.
• Loss of Enjoyment of Life: This compensation accounts for the reduced ability to participate in activities that you once enjoyed or to engage in everyday tasks without difficulty, acknowledging the broader impact on your lifestyle and well-being.
• Home and Vehicle Modifications: After an amputation, you may need modifications to your home or vehicle to accommodate your new needs, such as wheelchair ramps, stairlifts, or adapted driving controls. These costs can be included in your compensation claim.

Contact Our Dedicated Railroad Amputation Lawyers Today

If you’re an amputee as a result of a railroad accident, you are not alone; Hildebrand McLeod & Nelson LLP stands ready to fight for the full and fair compensation you deserve. Contact our skilled railroad amputation lawyers today for your free initial consultation.

Frequently Asked Questions About Railroad Amputation Claims

How long do I have to file a FELA claim after a railroad amputation?

Under FELA, you generally have three years from the date of injury to file suit, as set by 45 U.S.C. Section 56. Because this deadline is strict, it is wise to speak with an attorney well before it approaches.

Can I still recover if I was partly at fault for the accident?

Yes. FELA uses a comparative negligence rule under 45 U.S.C. Section 53, so your own negligence does not bar recovery but reduces your damages by your share of fault. If the railroad violated a safety statute that contributed to your injury, your damages are not reduced at all.

Is a FELA amputation claim the same as workers’ compensation?

No. Railroad workers are not covered by state workers’ compensation. FELA instead lets you sue the railroad for negligence, which can allow broader recovery but requires proving the railroad was at fault. Related: railroad crush injuries.