Sustaining a life-altering injury due to the negligent actions and behavior of another person can be devastating, especially when it could have been prevented. Unfortunately, railroad workers are often exposed to inherently dangerous situations and additional hazards due to the negligence of others, including paralysis. If you have been paralyzed during a work accident, it’s important to discuss your circumstances with a FELA lawyer to determine whether or not you can pursue justice. The following blog explores how paralysis can happen and when you are eligible to hold your employer liable.
How Does Paralysis Happen?
Paralysis is a nervous system issue that prevents you from making voluntary bodily movements. There are many kinds of paralysis, from localized, which can impact a single part of the body to paraplegia, which causes loss of control over both legs. Additionally, you can endure partial or complete paralysis, which impacts how much control you have over the muscles affected.
Paralysis has several causes, so understanding what can put you at risk is crucial. Unfortunately, many who work on the railroads are at an increased risk of suffering from paralysis, as they are exposed to more potential risks. The most common causes of railroad worker paralysis are head, neck, and spinal cord injuries.
Unfortunately, this injury can severely impact the rest of your life if you are diagnosed. You will likely endure severe mobility issues that impede your ability to work and do the things you once enjoyed. It is important to understand that many who endure this injury do proceed to live active and independent lives.
If I’ve Been Paralyzed, Can I File a FELA Claim?
If you sustained paralysis as a result of a work accident, it’s important to understand your legal options. As a railroad employee, you’ll find that you cannot pursue a workers’ compensation claim, and instead, you must file under the Federal Employers’ Liability Act (FELA). Unlike workers’ comp, you must prove that your employer was partially negligent in the injuries you endured to hold them liable for their actions. For example, if your boss knowingly provided you with broken communication devices and that led to you being struck by another train or piece of machinery, you can pursue a claim. This is because your employer has a responsibility to ensure safe working conditions.
Filing a FELA claim can be an incredibly complicated process, as there are many considerations that must be made. Additionally, the railroad company will likely do everything in its power to avoid responsibility for the accident, even if it means manipulating your words to hold against you. That’s why it’s imperative to connect with an experienced attorney as soon as possible following the accident to help you navigate this process to fight for the best possible outcome.
At Doran & Murphy, our dedicated legal team understands how devastating it can be to endure paralysis. That’s why our firm will fight for the justice and compensation you deserve when your railroad’s negligence turns your life upside down. When you need help, do not hesitate to contact our firm to learn how we can fight for you.
