Defective Railcar Equipment Injury Lawyers

Among the most common causes of injuries for railroad employees is defective railcar equipment. That said, when railroad workers are injured as a result of defective equipment, they may be entitled to compensation under the Federal Employers Liability Act, or FELA. If you’ve sustained an injury as a result of defective railcar equipment, please don’t hesitate to contact the dedicated FELA lawyers here at Hildebrand McLeod & Nelson LLP for a free case evaluation today.

FELA & The Safety Appliance Act

Under the Federal Employers Liability Act (FELA), railroad workers who are injured on the job due to negligence by their employer are entitled to seek compensation for their injuries. FELA differs from standard workers’ compensation laws in that it requires the injured worker to prove that the railroad’s negligence played some role in causing their injury. However, the threshold for proving negligence under FELA is lower than in standard personal injury cases, meaning even a small amount of employer negligence can entitle a worker to compensation.

In cases involving defective railcar equipment, FELA claims can be strengthened by provisions in the Safety Appliance Act (SAA). The SAA mandates that railroads maintain certain safety standards for equipment such as brakes, couplers, handholds, and ladders. If a railroad fails to comply with these standards, and a worker is injured as a result, this can establish negligence per se — meaning the violation itself is considered proof of negligence under FELA.

This is particularly advantageous for injured workers because it eliminates the need to prove negligence; they only need to show that a violation of the SAA occurred and that it contributed to their injury. Therefore, if you’ve been injured due to defective railcar equipment, it is crucial to consult with a FELA lawyer who understands both FELA and the Safety Appliance Act to explore all available avenues for compensation.

Examples of Defective Railcar Equipment

When it comes to injuries resulting from defective railcar equipment, several specific types of equipment are commonly involved. Some of those are as follows:

• Defective Couplers: Malfunctioning couplers can fail to secure railcars properly, causing unexpected separations or collisions that lead to serious injuries.
• Faulty Brakes: Brake failures can prevent railcars from stopping properly, increasing the risk of collisions and derailments.
• Broken Handholds or Ladders: Defective handholds or ladders can cause workers to fall while boarding or exiting railcars, leading to severe injuries.
• Worn or Cracked Wheels: Wheels that are worn or have developed cracks can cause derailments or accidents during operation.
• Malfunctioning Air Hoses: Air hoses that are improperly installed or defective can lead to brake failures or improper railcar movement.
• Loose or Broken Bolts and Fasteners: These can cause parts of the railcar to come loose, posing a hazard to workers both on and off the railcar.
• Damaged or Defective Doors: Malfunctioning railcar doors can trap workers or fail to operate properly, resulting in crushing injuries or other harm.
• Corroded or Defective Railcar Frames: Structural failures in railcar frames can lead to collapses or derailments, causing serious or fatal injuries.

Filing Your Injury Claim

Filing a FELA claim after sustaining an injury from defective railcar equipment involves several critical steps. First, it is essential to report the injury to your employer as soon as possible, documenting all relevant details, including the condition of the equipment, how the injury occurred, and any witnesses present. This documentation can serve as vital evidence in your FELA claim.

Next, seeking medical attention immediately is crucial, not only for your health but also to establish a medical record that connects your injuries to the incident. Be sure to inform the medical provider that the injury occurred on the job so that this information is accurately recorded in your medical files.

After addressing your immediate medical needs, consulting with an experienced FELA lawyer is a vital step in protecting your rights. A FELA attorney can help you gather additional evidence, such as maintenance records for the defective equipment, safety inspection reports, and any history of similar incidents involving the same equipment. They will also assist in filing the claim within the statute of limitations, which is generally three years from the date of injury under FELA.

Your attorney will help you determine the appropriate damages to seek, which can include medical expenses, lost wages, pain and suffering, and any long-term disability or rehabilitation costs. The goal is to ensure you receive full and fair compensation for your injuries. Throughout this process, your lawyer will negotiate with the railroad company on your behalf and, if necessary, represent you in court to secure the best possible outcome.

Contact Our Defective Railcar Equipment Injury Lawyers Today

Here at Hildebrand McLeod & Nelson LLP, we take pride in using our decades of experience representing injured railroad workers to help them get their lives back on track after an accident. If you’ve sustained an injury due to defective railcar equipment, or under any other circumstance while on the job, turn to our knowledgeable and skilled FELA lawyers for a free consultation today.