Railroad Injury Lawyer

At RK&L, our team of railroad injury lawyers understands the complex challenges that railroad workers face when injured on the job. With decades of collective experience representing railroad employees throughout Buffalo and Western New York, we have the knowledge and resources to help you navigate the complicated legal landscape of railroad injury claims.

Contact us today for a free, confidential consultation about your case.

Railroad work remains one of America's most dangerous occupations. When accidents occur, workers need skilled legal representation familiar with the Federal Employers' Liability Act (FELA) and other relevant laws that protect railroad employees. Our railroad injury lawyers at RK&L are committed to fighting for the rights of injured railroad workers and helping them secure the compensation they deserve.

Understanding Railroad Injury Claims and FELA

Unlike most workplace injuries which fall under state workers' compensation systems, railroad workers' injuries are governed by the Federal Employers' Liability Act (FELA). Enacted in 1908, FELA provides a federal system of legal recovery for railroad workers injured on the job. However, FELA claims differ significantly from workers' compensation claims in several important ways:

• FELA is a fault-based system, requiring injured workers to prove that the railroad's negligence contributed to their injuries
• FELA allows for recovery of damages including pain and suffering, which are not typically available in workers' compensation claims
• FELA claims must typically be filed within three years of the injury or diagnosis
• FELA claims often involve complex litigation requiring substantial evidence and testimony

Our railroad injury lawyers at RK&L have extensive experience handling FELA claims and understand how to build strong cases for our clients. We work diligently to gather evidence, interview witnesses, consult with medical professionals, and develop compelling arguments that demonstrate railroad negligence and secure maximum compensation for our clients.

Financial Compensation You May Be Entitled To After a Railroad Injury

As railroad injury lawyers help injured railroad workers secure the compensation they deserve under the Federal Employers' Liability Act (FELA). Unlike standard workers' compensation, FELA allows railroad workers to recover a wider range of damages when injuries occur due to railroad negligence.

• Medical Expenses: Full coverage for all reasonable and necessary medical treatment, including emergency care, hospitalization, surgery, prescription medications, physical therapy, and future medical needs related to your railroad injury.
• Lost Wages: Compensation for income lost during your recovery period when you cannot work due to your railroad injury, calculated based on your regular earnings including overtime and benefits.
• Diminished Earning Capacity: Financial recovery for the difference between what you could earn before your railroad injury and what you can earn after, especially important for permanent injuries that prevent returning to your previous railroad position.
• Pain and Suffering: Monetary compensation for the physical pain and discomfort experienced both immediately after your railroad injury and throughout your recovery process.
• Emotional Distress: Compensation for psychological impacts such as anxiety, depression, post-traumatic stress disorder, and sleep disturbances resulting from your railroad injury and its effects on your life.
• Permanent Disability: Financial recovery for permanent impairments that affect your ability to work and enjoy life following a serious railroad injury, often calculated as a percentage of disability to specific body parts or your whole person.
• Disfigurement: Compensation for visible scars, amputations, or other physical changes caused by your railroad injury that affect your appearance and self-image.
• Loss of Enjoyment of Life: Financial recovery for diminished ability to participate in hobbies, recreational activities, and family life that brought you joy before your railroad injury.
• Family-Related Damages: Compensation for the impact your railroad injury has on your relationship with your spouse and family, including loss of consortium claims.
• Out-of-Pocket Expenses: Reimbursement for transportation to medical appointments, home modifications, assistive devices, and other costs directly related to your railroad injury.
• Vocational Rehabilitation: Coverage for retraining programs or education if your railroad injury prevents you from returning to your previous position.
• Wrongful Death Benefits: Compensation for families who have lost a loved one due to a fatal railroad injury, including funeral expenses, lost financial support, and loss of companionship.

How a Railroad Injury Lawyer Can Maximize Your FELA Compensation

At RK&L, our railroad injury lawyers utilize proven strategies to significantly increase the compensation railroad workers receive under the Federal Employers' Liability Act (FELA). Unlike standard workers' compensation cases, FELA claims require proving railroad negligence but offer substantially higher potential recoveries when handled properly.

• Prompt Investigation: Our railroad injury lawyers begin collecting evidence immediately after your accident, preserving crucial details before railroad companies can alter accident scenes or pressure witnesses to change statements.
• Documentation of Railroad Safety Violations: Our railroad injury lawyer will identify and document specific safety regulation violations that contributed to your railroad injury, which can establish negligence per se and strengthen your FELA claim.
• Comprehensive Medical Documentation: Our personal injury lawyer team works with treating physicians to ensure all injuries—both obvious and subtle—are properly diagnosed, recorded, and linked to your railroad accident to maximize your compensation.
• Economic Loss Analysis: Our FELA lawyers collaborate with financial experts to calculate the full lifetime economic impact of your railroad injury, including future wage losses, potential promotions, pension impacts, and benefits that might otherwise be overlooked.
• Comparative Negligence Mitigation: FELA allows recovery even if you were partially at fault, but your railroad injury lawyer will fight against railroad company attempts to assign excessive blame to you that would reduce your compensation.
• Multiple Liability Theories: Our railroad injury lawyers explore every possible avenue for establishing railroad negligence, from inadequate training to defective equipment to unsafe work practices, maximizing your chances of substantial recovery.
• Third-Party Claims: When appropriate, our railroad injury lawyer will identify additional responsible parties beyond your railroad employer, potentially providing sources of compensation beyond FELA limits.
• Expert Witness Utilization: Our railroad injury lawyers work with industry safety experts, medical specialists, and economic analysts who can convincingly testify about railroad negligence and the full impact of your injuries.
• Strategic Settlement Negotiations: Our railroad injury lawyer will use calculated timing and evidence presentation to negotiate from a position of strength, often securing settlements significantly higher than initial railroad offers.
• Trial Preparation: Even during negotiations, our railroad injury lawyer will thoroughly prepare your case for trial, demonstrating to railroad companies our readiness to present a compelling case to a jury if they don't offer fair compensation.
• Non-Economic Damages Assessment: Our railroad injury lawyer will help quantify and prove the legitimate value of pain, suffering, emotional distress, and loss of enjoyment of life—compensation categories not available in standard workers' compensation but crucial in FELA cases.
• Medical Treatment Guidance: Without interfering in your doctor-patient relationship, our personal injury lawyers can recommend medical specialists familiar with railroad injuries who provide both quality care and thorough documentation.
• Statute of Limitations Protection: Our railroad injury lawyer will ensure all filings occur well before the three-year FELA deadline, protecting your right to compensation and preventing technical dismissals of valid claims.
• Benefits Coordination: Our railroad injury lawyers navigate the complex interplay between FELA compensation and railroad retirement benefits, disability benefits, and Medicare to maximize your total financial recovery.

Common Railroad Worker Injuries

Railroad work remains one of America's most dangerous occupations, with workers facing unique hazards that can lead to severe injuries requiring substantial compensation under FELA.

Physical Injuries Common Among Railroad Workers

• Traumatic Brain Injuries: Railroad workers frequently suffer concussions and more severe brain trauma from falls from equipment, being struck by objects, or during derailments and collisions.
• Spinal Cord Damage: Heavy lifting, falls, and vehicle accidents on railroad property can cause herniated discs, spinal fractures, or even paralysis requiring lifelong care and compensation.
• Crushing Injuries: Workers caught between railcars, equipment, or cargo may suffer devastating crush injuries to limbs, torso, or internal organs with permanent consequences.
• Amputations: The coupling and uncoupling of railcars, along with other equipment operation, creates risks for traumatic amputations that permanently alter a railroad worker's life and earning capacity.
• Broken Bones and Fractures: Slips, trips, and falls on uneven surfaces, ballast rock, and moving equipment frequently cause complex fractures requiring surgery and extensive rehabilitation.
• Shoulder Injuries: Repetitive overhead work, pulling heavy equipment, and falls commonly result in rotator cuff tears, labrum damage, and other shoulder injuries that often require surgical repair.
• Knee Injuries: Getting on and off equipment, walking on uneven ballast, and other railroad tasks frequently lead to ACL, MCL, and meniscus tears that can end a railroad worker's career.
• Burns: Electrical equipment, hot surfaces, chemical exposure, and fuel fires can cause severe burns with permanent scarring and functional limitations.
• Eye Injuries: Flying debris, chemical splashes, and equipment accidents can cause partial or complete vision loss that dramatically impacts quality of life and work capacity.
• Repetitive Stress Injuries: Tasks requiring the same movements over months and years lead to conditions like carpal tunnel syndrome, tendonitis, and other debilitating repetitive stress injuries.

Occupational Illnesses Affecting Railroad Workers

• Noise-Induced Hearing Loss: Prolonged exposure to loud locomotives, equipment, and horns frequently causes permanent hearing damage that isolates workers socially and creates workplace safety issues.
• Lung Diseases: Diesel exhaust, silica dust, asbestos, and other airborne toxins in the railroad environment can cause chronic obstructive pulmonary disease, cancer, and other severe respiratory conditions.
• Cancer: Exposure to diesel exhaust, creosote, herbicides, and other chemicals commonly used in railroad operations has been linked to various forms of cancer requiring extensive treatment.
• Asbestos-Related Diseases: Mesothelioma and asbestosis continue to affect railroad workers exposed to asbestos in locomotive components, insulation, and other railroad materials, often manifesting decades after exposure.
• Toxic Exposure Conditions: Chemical spills, leaks, and routine use of solvents and cleaning agents can cause neurological damage, organ failure, and other serious health conditions.
• Heat Stress Illnesses: Working outdoors in extreme temperatures can lead to heat stroke, hyperthermia, and related conditions that may cause permanent neurological damage or even death.
• Cold Weather Injuries: Railroad workers frequently suffer frostbite, hypothermia, and related conditions when working in inadequate protective gear during winter months.
• Cardiovascular Conditions: Stress, shift work, and physical demands of railroad employment contribute to heart disease and hypertension that may qualify for FELA compensation when work-related.

Mental Health Impacts of Railroad Work

• Post-Traumatic Stress Disorder: Engineers and conductors involved in grade crossing accidents, as well as workers who witness catastrophic injuries to coworkers, commonly develop PTSD requiring treatment.
• Depression and Anxiety: Irregular schedules, high-pressure working conditions, and isolation from family can lead to compensable psychological conditions affecting railroad workers' quality of life.
• Sleep Disorders: Irregular shift work and demanding schedules disrupt normal sleep patterns, leading to chronic insomnia and other sleep disorders that impact both health and safety.

Common Causes of Railroad Worker Injuries

At RK&L, our railroad injury lawyers have identified numerous common causes of worker injuries through decades of representing railroad employees throughout Buffalo and Western New York. Understanding the root causes of railroad accidents is essential for establishing negligence and securing maximum compensation under the Federal Employers' Liability Act (FELA).

Equipment-Related Causes

• Defective Equipment: Worn-out, improperly maintained, or fundamentally flawed locomotives, railcars, and tools frequently cause severe injuries when they fail during normal use.
• Malfunctioning Brakes: Brake failures on locomotives and railcars create emergency situations that often result in collisions, derailments, and catastrophic injuries to crew members.
• Coupling and Uncoupling Accidents: The process of connecting and disconnecting railcars remains one of the most dangerous tasks in railroading, causing crushing injuries and amputations even with modern equipment.
• Inadequate Guarding: Missing or defective guards on moving equipment parts expose workers to pinch points, rotating components, and other mechanical hazards that can cause severe injuries.
• Communication System Failures: Malfunctioning radios, signals, and other communication devices can lead to miscommunication between crew members and dispatchers, resulting in collisions and other serious accidents.

Track and Infrastructure Issues

• Track Defects: Broken rails, misaligned switches, wide gauge conditions, and other track problems frequently cause derailments that injure crew members in the locomotive and surrounding areas.
• Inadequate Ballast: Poorly maintained rock ballast beneath tracks creates unstable walking surfaces and footing hazards that contribute to slips, trips, and falls causing serious injuries.
• Bridge and Trestle Failures: Structural deficiencies in aging railroad bridges and trestles can lead to catastrophic collapses resulting in life-threatening situations for workers.
• Poor Drainage: Inadequate water management along rights-of-way creates mud, ice, and other slippery conditions that significantly increase fall risks for railroad workers.
• Vegetation Overgrowth: Failure to control vegetation can obscure trip hazards, signals, and other important visual cues necessary for safe railroad operations.

Operational Factors

• Excessive Hours and Fatigue: Railroad companies that push crews beyond reasonable limits create dangerous fatigue conditions that impair judgment and reaction time, leading to accidents.
• Inadequate Training: Failure to properly train workers on equipment operation, safety protocols, and emergency procedures puts employees at unnecessary risk of injury.
• Poor Supervision: Insufficient oversight of work crews and failure to enforce safety rules creates environments where dangerous shortcuts become common practice.
• Understaffing: Requiring too few workers to handle physically demanding tasks increases individual workloads and the risk of overexertion injuries.
• Pressure to Rush: Unrealistic productivity expectations and tight schedules often force workers to sacrifice safety for speed, resulting in preventable accidents.

Environmental and Workplace Conditions

• Hazardous Materials: Improper handling, storage, and transportation of toxic chemicals, corrosives, and flammable substances leads to exposures causing both immediate injuries and long-term illnesses.
• Excessive Noise: Failure to control noise from locomotives, equipment, and machinery contributes to permanent hearing loss among railroad workers.
• Inadequate Lighting: Poorly lit yards, shops, and work areas prevent workers from identifying and avoiding hazards, especially during night shifts.
• Extreme Temperatures: Requiring work in excessive heat or cold without proper protective equipment and rest breaks leads to heat stress, frostbite, and related injuries.
• Diesel Exhaust Exposure: Long-term exposure to diesel fumes from locomotives and equipment in poorly ventilated areas contributes to respiratory conditions and certain cancers.

Systemic Safety Failures

• Inadequate Safety Programs: Railroads that fail to implement comprehensive safety management systems create environments where accidents become inevitable rather than preventable.
• Disregard for Regulations: Deliberate violations of Federal Railroad Administration (FRA) safety regulations demonstrate negligence that frequently results in preventable worker injuries.
• Failure to Address Known Hazards: Ignoring reported safety concerns and delaying repairs to known dangerous conditions shows negligence that strengthens FELA claims when injuries occur.
• Insufficient Protective Equipment: Failing to provide proper personal protective equipment appropriate for specific tasks leaves workers vulnerable to preventable injuries.
• Inadequate Inspection Protocols: Shortcuts in equipment and infrastructure inspection procedures allow dangerous conditions to persist until accidents and injuries occur.

What To Do If Injured While Working on a Railroad

Our railroad injury lawyers have witnessed how the actions taken immediately following a railroad accident can significantly impact your ability to recover full compensation under FELA. The steps you take in the hours and days after sustaining a railroad injury are crucial to protecting both your health and your legal rights.

Immediate Steps After a Railroad Injury

• Seek Medical Attention: Report your injury to your supervisor immediately and request medical care, even if the injury seems minor, as some conditions worsen over time and prompt treatment creates essential documentation.
• Document the Scene: If physically able, take photographs of the accident location, equipment involved, and any unsafe conditions that contributed to your railroad injury before they can be altered or repaired.
• Identify Witnesses: Note the names and contact information of coworkers or others who witnessed your accident, as their testimony may prove invaluable in establishing railroad negligence.
• File an Injury Report: Complete an official injury report with your employer, being factual but concise about what happened without speculating about fault or making statements that could be used against you.
• Exercise Your Rights: Request transportation to your preferred medical provider rather than a company doctor whenever possible, as you have the right to choose your own physician under FELA.
• Decline Recorded Statements: Politely refuse to give recorded or written statements to claim agents or risk managers without legal representation, as these are often used to minimize your railroad injury claim.
• Preserve Evidence: Keep your work clothes, boots, and any equipment involved in the accident in their post-accident condition as potential evidence of what caused your railroad injury.
• Maintain a Journal: Start documenting your pain levels, limitations, medical appointments, and how your railroad injury affects your daily activities as contemporaneous evidence of your suffering.

Follow-Up Actions to Protect Your Claim

• Consult a Railroad Injury Lawyer: Contact an attorney experienced with FELA claims as soon as possible, ideally before speaking extensively with railroad representatives about your accident.
• Follow Medical Advice: Attend all medical appointments and follow your doctor's treatment plan precisely, as gaps in care can be used to argue your injuries aren't serious or were caused by something other than your railroad accident.
• Report All Symptoms: Tell your doctors about all symptoms you experience, even those that seem minor or unrelated, as railroad injuries often have complex effects that develop over time.
• Avoid Social Media: Refrain from posting anything about your accident, injuries, or activities on social media platforms, as these posts are frequently used to undermine legitimate railroad injury claims.
• Track Your Expenses: Keep detailed records of all expenses related to your railroad injury, including medical bills, prescription costs, transportation to appointments, and any assistive devices required.
• Document Lost Work: Maintain a record of all missed work days, reduced hours, or limitations in job duties resulting from your railroad injury to ensure proper calculation of wage loss claims.
• Be Aware of Surveillance: Understand that railroad companies often conduct surveillance of injured workers, so always follow medical restrictions and avoid activities that could be misinterpreted as inconsistent with your claimed injuries.
• Consider Light Duty Carefully: Consult with your railroad injury lawyer before accepting any light duty assignment, as returning to work prematurely can both aggravate your condition and potentially reduce your compensation.

Dealing with Railroad Company Representatives

• Claim Department Contacts: Direct all communications from the railroad's claim department to your personal injury lawyer, who can protect you from tactics designed to minimize your railroad injury claim.
• Settlement Offers: Do not accept any settlement offer without consulting your railroad injury lawyer, as initial offers typically represent a fraction of your claim's true value under FELA.
• Medical Leave Paperwork: Have your attorney review any medical leave or disability paperwork from the railroad before you complete it to ensure it doesn't contain language that could harm your case.
• Investigation Participation: Consult your railroad injury lawyer before participating in any company investigation of your accident, as these proceedings often focus on finding worker fault rather than railroad negligence.
• Union Representative Support: Inform your union representative about your injury and request their support, but remember they cannot provide the legal representation necessary for a successful FELA claim.

Get Experienced FELA Representation

Don't face the railroad companies alone. At RK&L, our railroad injury lawyers have helped countless Buffalo area railroad workers secure the compensation they deserve. Contact us today for a free, confidential consultation about your case.

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Railroad Injury Lawyer FAQs

How is a FELA claim different from workers' compensation?

Unlike standard workers' compensation, FELA requires proving some level of railroad negligence but allows for significantly higher compensation including pain and suffering damages. FELA claims are processed through the federal court system rather than state administrative boards, and can result in jury trials when settlements cannot be reached.

How long do I have to file a railroad injury claim?

The statute of limitations for FELA claims is three years from the date of injury or from when you knew or should have known that your injury or illness was related to your railroad employment. Certain occupational diseases with delayed onset may have different timing considerations, which our railroad injury lawyers can explain during your consultation.

Will I have to go to court for my railroad injury case?

While many FELA claims settle before trial, our railroad injury lawyers prepare every case as if it will go to court. This thorough preparation often leads to more favorable settlement offers. If your case does require trial, our railroad injury lawyer will provide comprehensive guidance and representation throughout the entire process.

Can I be fired for filing a railroad injury claim?

Federal law explicitly prohibits railroads from firing or retaliating against workers for filing FELA claims. If you experience any form of retaliation after reporting an injury or filing a claim, our personal injury lawyers can take additional legal action to protect your rights and employment.

How much is my railroad injury case worth?

Each FELA claim's value depends on multiple factors including injury severity, impact on earning capacity, degree of railroad negligence, and long-term medical needs. While our railroad injury lawyer cannot provide specific valuations without reviewing your case, our railroad injury lawyers have secured settlements and verdicts ranging from thousands to millions of dollars for injured railroad workers.

What if I was partially at fault for my railroad injury?

FELA operates under comparative negligence principles, meaning you can still recover compensation even if you were partially at fault. Your recovery amount would be reduced by your percentage of responsibility. Our railroad injury lawyers work to minimize any assignment of blame to you while maximizing railroad liability.

How long does a railroad injury case typically take to resolve?

The timeline for FELA claims varies based on injury complexity, railroad cooperation, and whether the case goes to trial. Some cases settle within months, while more complex claims may take one to two years. Our railroad injury lawyers work efficiently to resolve your case while never sacrificing maximum compensation for speed.

Will I need to be examined by the railroad's doctors?

In most FELA cases, the railroad has the right to request an independent medical examination (IME) by their selected physician. Our personal injury lawyers prepare you thoroughly for this examination and may attend with you to ensure the process is conducted properly and fairly.

Can I still pursue a FELA claim if I've already received Railroad Retirement Board disability benefits?

Yes, you can pursue a FELA claim even if you're receiving Railroad Retirement Board disability benefits. These are separate systems with different purposes, though there may be some coordination between the two. Our railroad injury lawyers can explain how these benefits interact in your specific situation.

How are attorney fees handled in railroad injury cases?

RK&L handles railroad injury cases on a contingency fee basis, meaning you pay no upfront costs or hourly fees. We only receive payment as a percentage of your recovery if we successfully secure compensation for you. This arrangement allows injured railroad workers to access quality legal representation regardless of their financial situation.