Hildebrand McLeod & Nelson LLP is Investigating the Montana Amtrak Train Derailment
Railroad switching jobs are often dangerous and pose serious risks to railroad workers. If you’ve sustained a railroad switching injury and are now seeking financial compensation, please don’t hesitate to reach out to the skilled FELA lawyers here at Hildebrand McLeod & Nelson LLP today.
Railroad switching involves moving train cars from one track to another and assembling or disassembling trains, a process that is inherently hazardous due to the heavy equipment, high traffic, and dynamic environment. Some of the most common causes of railroad switching injuries include inadequate communication among crew members, equipment malfunctions, poor visibility, lack of proper training, and exposure to extreme weather conditions.
Workers can suffer a wide range of injuries, such as fractures, crush injuries, amputations, and traumatic brain injuries, particularly when coupling or uncoupling cars or when they’re caught between cars or tracks.
Additionally, repetitive strain injuries are common among switchmen who perform the same manual tasks repeatedly, such as operating levers or manually throwing switches. These tasks can lead to long-term musculoskeletal disorders if not properly managed. Understanding the causes and types of injuries sustained in these dangerous situations is crucial when pursuing compensation under the Federal Employer’s Liability Act (FELA).
The Federal Employer’s Liability Act (FELA) was enacted to provide a federal remedy for railroad workers injured on the job, replacing the patchwork of state laws that existed prior to its passage. Unlike workers’ compensation, FELA is fault-based, meaning that injured workers must demonstrate that their employer was at least partially negligent in causing their injuries. This could include negligence in failing to provide a safe work environment, failing to maintain equipment properly, or not enforcing safety regulations.
To establish a valid FELA injury claim, the injured worker must show that the railroad was negligent in some capacity and that this negligence played a role, even if minor, in causing the injury. Successful claims often involve gathering evidence such as eyewitness statements, maintenance records, safety logs, and expert testimony.
Compensation under FELA can cover a range of damages, including medical expenses, lost wages, pain and suffering, and long-term disability. With the complexity of proving negligence and the potential defenses railroads might assert, having experienced FELA attorneys like those at Hildebrand McLeod & Nelson LLP is crucial.
Timing is critical when it comes to filing a FELA claim. Under federal law, there is a strict statute of limitations of three years from the date of the injury or from the date you knew or should have known about the injury to file a claim. Missing this deadline could mean losing the right to pursue compensation altogether. This timeline can sometimes be complicated by the nature of certain injuries, particularly those that develop over time, such as repetitive strain injuries or occupational diseases.
Hildebrand McLeod & Nelson LLP has proudly represented injured railroad workers for decades, and we stand ready to represent you, too. Contact our dedicated FELA lawyers so we can begin fighting for the compensation you deserve.