Railway workers are more likely than other kinds of laborers to suffer injuries on the job, especially those who perform their duties in the railyard. Of the many railyard hazards, having to work at a height is one of the most dangerous. Falls from elevated workspaces could lead to severe injuries but you could get help from a practiced railroad injury attorney. If your employer’s negligence contributed to your fall and subsequent injury, a New York railroad worker fall from heights lawyer could help you get the compensation you deserve.
Railroads Must Provide a Reasonably Safe Workplace
The Federal Employee Liability Act (FELA) protects railroad workers and allows them to seek compensation for injuries that occur because of negligent employers. Railroads must take reasonable measures to ensure their workers’ safety while toiling under hazardous conditions.
There are several ways a railroad falling injury attorney in New York could prove a railroad was negligent. For example, they could present evidence showing that:
- Staffing levels were inadequate to ensure a safe workplace
- Training was insufficient to maintain safety for all workers
- Tools and equipment were inadequate, defective, or improperly maintained
- Workplace rules were not adequate to ensure safe working conditions
- Safety rules were not properly enforced
The railroad is responsible for the acts of its employees, so if a particular employee’s negligence contributed to an accident, the company could be liable. If the injured employee was negligent, they still could collect damages if they are less than 100 percent responsible for the accident. A judge or jury will allocate responsibility to all the involved parties, and the injured person will collect the portion of their damages attributable to others’ negligence.
The Consequences of Falls from Heights
Falls could cause serious injury, even when the fall is on a level surface. When a person falls from a height, the chance of severe injury, and even death, increases significantly.
Severe injuries that might result from falling from a height include bone fractures in the extremities, rib fractures, pelvic fractures, and skull fractures. Concussion is common in falls from any height. Chest injuries could result in damage to the lungs and diaphragm. Serious abdominal injuries causing internal bleeding sometimes occur if the fall was from a significant height. Traumatic brain injuries and spinal cord injuries also frequently result from falls.
Injuries of this magnitude might keep a railroad worker off the job for weeks or months. Sometimes the injuries are permanent, and the worker will never be able to resume their employment with the railroad—some may never be able to work ever again. A New York railroad worker fall from heights lawyer could assist someone in this position to receive compensation that would allow them to face the future with a measure of financial security.
Seeking Damages Through FELA
When a railroad worker suffers an injury, they should report it to their employer as soon as possible. They also should notify their union representative and contact an attorney.
A legal professional could immediately begin building a negligence case against the employer. In cases of significant injury, it could be beneficial to wait before engaging in settlement negotiations until there is reasonable certainty about the worker’s chances of full recovery and returning to work.
When a railroad’s negligence was a factor in the worker’s injury, the employer could be liable for the worker’s lost wages, benefits, and diminished future economic opportunities. The employer must reimburse the worker’s health care expenses, including those likely to be necessary for the future. In addition, the employer could be liable to pay compensation for the worker’s emotional trauma, physical suffering, and other impacts of the injury that reduce their quality of life.
Work With a Capable New York Railroad Worker Fall from Heights Attorney
If a fall from an elevated workspace caused you a significant injury, the help of an experienced attorney is beneficial. They could help you get all the compensation you are entitled to receive under the law. Reach out to a New York railroad worker fall from heights lawyer to get sound advice about the best way to proceed after your injury.