Trackmen play a crucial role in virtually all railroad operations, working day in and day out to ensure the tracks on which trains travel are safe and free of defects. Unfortunately, workers who fill this hands-on role tend to be at high risk for job-related injuries, as well as work-related disease, like cancer, that years of railroad work can create or aggravate. Fortunately, the Federal Employers Liability Act (FELA) allows railroad workers to hold their employers liable for workplace injuries, but successfully proving negligence in a FELA claim often requires help from a seasoned railroad injury attorney. Following an on-the-job accident or a diagnosis of work-related cancer, speak to a New York trackman injury lawyer about your legal options.
What Are Common Injuries Railroad Trackmen Sustain?
Whether they are maintaining existing track or installing new track, trackmen in New York are particularly susceptible to serious injuries or disease compared to many other railroad workers. Two of the primary that are common among trackmen are the dangerous materials they work with on a day-to-day basis and the heavy machinery they use to move that material around.
Through falls, machine accidents, and safety equipment failing or not being able, trackmen commonly suffer deep lacerations, joint and muscle sprains, broken bones, concussions, and occasionally catastrophic harm such as a loss of a limb. Trackmen also may develop cancer as a result of the carcinogens, like asbestos diesel exhaust and silica dust they must work around every day. A New York trackman injury attorney could help an individual worker file a claim for any of these on-the-job injuries, as well as chronic health conditions that may arise from exposure to asbestos, chemical fumes, silica dust, and other hazardous substances.
How Can Trackmen Recover Compensation Through FELA?
While most workers in New York are covered by workers’ compensation if they get hurt on the job, railroad workers are covered by the Federal Employers Liability Act, which was first established in 1908 specifically in response to the high number of railroad deaths at the time. Unlike workers’ compensation claims, a worker filing for benefits through FELA must prove that their employer was negligent in some way and that negligence, at least in part, caused an injury or disease in order to recover compensation.
Fortunately, proving liability under FELA is generally simpler than proving liability in a typical personal injury claim, as FELA establishes numerous duties that railroad employers owe to workers. In addition to instituting and enforcing various safety regulations, railroad employers must also provide appropriate safety equipment for all their workers, ensure work sites are free of hazards, refrain from setting unreasonable quotas for work, and provide thorough training and assistance with job tasks as needed.
If an employer failed in any way to fulfill their duties to keep a trackman safe, a trackman injury lawyer in New York could help that injured worker pursue a FELA claim to account for all their injuries and losses. A successful FELA claim could provide compensation for an injured trackman’s medical bills, lost work wages, physical pain and suffering, and more.
Talk to a New York Trackman Injury Attorney Today
While any injury that forces you to take time off work can be devastating, railroad trackmen are often faced with particularly dire outcomes after on-the-job accidents or disease. While FELA does allow you to seek compensation from your employer in the wake of such an accident, you may have trouble proving liability and recovering the compensation you need without seasoned legal counsel by your side.
A qualified New York trackman injury lawyer could walk you through your case from start to finish and work relentlessly to pursue a positive outcome on your behalf. To set up a consultation and discuss your potential claim, call today.