Railroad work is inherently demanding, often exposing employees to high-stress situations and traumatic events. When these experiences lead to severe psychological harm, including PTSD, railroad workers may be able to seek compensation through a FELA claim. Reach out to a skilled FELA lawyer for more information and legal assistance today.
What is PTSD?
Post-Traumatic Stress Disorder (PTSD) is a psychiatric disorder that can occur in people who have experienced or witnessed a traumatic event. The trauma can be life-threatening, such as a serious accident, natural disaster, combat exposure, or physical assault, but it can also stem from emotional abuse or neglect.
Symptoms of PTSD typically include:
- Intrusive memories like flashbacks or nightmares
- Avoidance, meaning steering clear of places, people, or activities that remind one of the trauma
- Negative changes in thinking and mood, including distorted beliefs about oneself or the world, and emotional numbness
- Changes in arousal and reactivity, such as being easily startled, hypervigilance, or irritability
- The development of anxiety, depression, and trouble falling or staying asleep
For a diagnosis of PTSD, these symptoms must persist for more than a month and cause significant distress or impairment in a person’s life, including their work, social interactions, or other essential functions. Treatment often involves psychotherapy and sometimes medication.
What is FELA?
The Federal Employers’ Liability Act (FELA) is a United States federal law enacted to protect and compensate railroad workers who are injured or killed on the job. Unlike traditional workers’ compensation, which provides benefits regardless of fault, FELA is a fault-based system.
Under FELA, an injured railroad worker must prove that their employer’s negligence, either fully or partially, caused their injury. This negligence can take many forms, such as failing to provide a safe workplace, maintain safe equipment, or ensure proper training. The standard of proof for negligence under FELA is significantly lower than in typical personal injury cases, often referred to as “featherweight.”
This law allows railroad employees to recover damages for medical expenses, lost wages, pain and suffering, and other losses, as long as they can demonstrate their employer’s failure to exercise reasonable care contributed to the accident.
Is PTSD Covered Under a FELA Claim?
Generally, yes, PTSD is covered under a FELA claim, only if the injured railroad worker can prove they were in immediate risk of physical harm or that the PTSD stems from a physical injury. The employer’s negligence must have caused or contributed to the development of the psychological disorder.
Since FELA is a fault-based system, you must establish the causal link between the traumatic event, like a horrific accident or witnessing a fatality where you were also in danger of physical injury, occurring on the job, and the resulting PTSD diagnosis. The railroad’s negligence could involve a failure to provide a safe working environment, inadequate safety protocols, or exposing the worker to foreseeable trauma.
Courts have recognized that injuries under FELA include both physical and emotional or psychological harms, including PTSD. If successful, the worker can recover damages for medical treatment, counseling, lost earnings, and pain and suffering related to the PTSD.
