Pennsylvania Personal Injury Attorneys
Personal Injury Lawyers - Philadelphia - Pennsylvania - Nationwide Practice Areas
Railroad Law - FELA
The U.S. Congress enacted the Federal Employers Liability Act (FELA) in 1908 specifically to protect railroad workers who are injured or disabled while on the job. If a railroad worker is injured, his right to compensation is governed by this federal law. The FELA was created as a result of public outcry toward the railroads’ extreme indifference to the life, health and safety of their workers.
Before the FELA was enacted, it was very difficult for a railroader to recover damages due to unsafe working conditions. Legal defenses enabled railroads to escape responsibility as well as liability for damages they caused. The FELA changed this by abolishing unfair practices by railroads and making it significantly easier for workers to pursue compensation due to the negligence of the employer.
The FELA is different from state workers’ compensation laws. Under the FELA, the employee must prove that the railroad was negligent and that their negligence caused or contributed to the accident. A railroad has a non-delegable duty to provide workers a safe workplace environment. If a railroad has been found to be negligent, the injured employee may be entitled to receive damages for lost wages (past and future), medical expenses (past and future), and pain and suffering.
It is critical to retain a Personal Injury Attorney who is experienced at litigating FELA claims. Our legal team has successfully represented thousands of railroaders nationally for catastrophic injuries, asbestos exposure, cancers caused by toxic chemicals, repetitive stress injuries and occupational hearing loss.
Repetitive Stress Injuries
Repetitive stress injuries most often affect the hands, wrists, elbows, neck, shoulders, lower back and knees. These painful and sometimes crippling injuries develop gradually over a period of weeks, months, or years. Because the symptoms of these injuries are progressive, many workers tend to dismiss them as age related. Research has proven this is not the case. Railroaders are especially susceptible to repetitive stress injuries because of the physical demands of their jobs. Our PA Personal Injury Attorneys have represented and recovered maximum awards for clients who suffer from these injuries.
Chemical Exposure
In recent years we have observed a steady increase in the number of railroad employees suffering from forms of neurological damage that can be linked to exposure to certain solvents and degreasers. Railroaders have had long term exposure to solvents through skin contact and inhalation while performing their job duties. Extreme cases of exposure to solvents and degreasers have resulted in a condition call Toxic Encephalopathy. This is a form of permanent brain damage that results in short-term memory loss, depression and anxiety. Other symptoms of chemical exposure include nausea, headaches and light-headedness. Shop craft employees have often been exposed to work environments with poor or inadequate ventilation. Track workers have been exposed to rock dust, a known cause of lung disease, while tamping ballast and working rock trains. Welders, as a result of exposure to manganese fumes, have been known to develop Parkinson’s disease. Furthermore, railroads have either failed to provide their employees suitable respirators or neglected to provide any at all.
Asbestos and Mesothelioma
For decades, people have been subjected to asbestos exposure without realizing the impact and significance it could have on their lives. Asbestos is made up of microscopic bundles of fibers that may become airborne when materials containing them become damaged or disturbed. When these fibers get into the air they may be inhaled into the lungs causing significant health problems. Asbestos exposure is linked to diseases including: mesothelioma, lung cancer, colon cancer and asbestosis.
Most people who have developed mesothelioma have worked on jobs where they inhaled asbestos particles. However, there are those who have been exposed to asbestos dust and fibers in other ways such as washing the clothes of a family member who worked with asbestos.
The symptoms of asbestos diseases include chest pain and shortness of breath. There can also be general symptoms such as weight loss. An initial diagnosis can be made by chest x-rays or a CT scan.
We have represented thousands of workers who have suffered from asbestos related diseases. If you believe that you have been exposed to asbestos at the workplace or are suffering from any symptoms listed above, you should immediately contact a medical doctor for a proper evaluation and call us for a free evaluation of your claim.
Occupational Hearing Loss
Throughout our firms history we have represented thousands of workers for noise induced hearing loss. Workers in many industries are exposed to unsafe noise levels which can cause permanent hearing loss. Currently, we have noticed an increase in the number of firefighters and EMS workers developing occupational hearing loss due to exposure to sirens. These sirens emit sound in excess of 120 decibels. Due to defective design, these sirens have caused many to suffer from noise induced hearing loss. Where the sirens are positioned on engines, ambulances and trucks can also be a significant contributor to such occupational hearing loss.