Fort Worth, Texas, has long been synonymous with the railroad industry. The arrival of the Texas and Pacific Railway in 1876 cemented Fort Worth’s position as a key transportation hub, transforming it from a frontier outpost to a thriving city. As a hub of rail activity, our city has seen its fair share of railway-related injuries and accidents. If you or a loved one has been injured in a railroad accident, here’s what you need to know from our Fort Worth railroad injury lawyer.
Today, Fort Worth remains a vital center for rail transportation. The city is home to several major rail yards and serves as a crucial interchange point for multiple rail lines. This strategic location has allowed Fort Worth to maintain its importance in the national rail network. Fort Worth consistently ranks among the top 20 cities in the United States for rail activity. The Dallas-Fort Worth metroplex, as a whole, is often considered one of the top 5 rail hubs in the country, with Fort Worth playing a significant role in this ranking.
Several major railroad companies have a significant presence in Tarrant County, including:
- BNSF Railway: Headquartered in Fort Worth, BNSF is one of the largest freight railroad networks in North America.
- Union Pacific Railroad: While headquartered in Omaha, Nebraska, Union Pacific has a substantial presence in Fort Worth and operates extensive rail lines throughout Texas.
- Trinity Railway Express (TRE): A commuter rail line jointly owned by Dallas Area Rapid Transit (DART) and Trinity Metro, connecting Fort Worth to Dallas.
- TEXRail: A commuter rail line operated by Trinity Metro, connecting downtown Fort Worth to Dallas/Fort Worth International Airport.
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What to do if you’re injured as a railroad worker
When a railroad worker is injured on the job, the process for seeking compensation is different from that of most other industries. This is primarily due to the Federal Employers Liability Act (FELA), which we’ll discuss in more detail later.
Here’s an overview of what should happen after a rail worker is injured:
Immediate Medical Attention
The worker should seek medical attention as soon as possible, even if the injury seems minor.
Reporting the Injury
The worker must report the injury to their supervisor or employer as soon as possible. Delay in reporting can potentially harm a future claim.
Investigation
The railroad company will likely conduct an investigation into the incident. It’s crucial for the worker to be cautious about what they say during this process. Consult with our lawyers before you give a statement related to a FELA claim.
FELA Claim
Instead of filing a workers’ compensation claim, railroad workers typically file a FELA claim against their employer. We recommend that you speak to one of our attorneys before you file your FELA claim.
Legal Representation
Due to the complexities of FELA claims, injured workers should seek legal representation to protect their rights and interests.
Bases for Bringing a Lawsuit
Railroad workers may have grounds for a lawsuit under various circumstances, including:
- Employer Negligence: If the railroad company failed to provide a safe working environment or proper training.
- Equipment Failure: If an accident was caused by faulty or poorly maintained equipment.
- Toxic Exposure: If workers were exposed to harmful substances without proper protection.
- Repetitive Stress Injuries: Caused by the nature of the work over time.
- Violations of Safety Regulations: If the company failed to comply with federal safety standards.
Understanding FELA: Federal Employers Liability Act
FELA, enacted in 1908, is a federal law that protects and compensates railroad workers injured on the job. It’s crucial to understand FELA as it differs significantly from standard workers’ compensation laws:
Fault-Based System
Unlike workers’ compensation, FELA is a fault-based system. The injured worker must prove that the railroad company was at least partially negligent.
No Caps on Compensation
FELA doesn’t impose limits on the amount of compensation an injured worker can receive.
Broader Coverage
FELA covers a wider range of damages, including pain and suffering, which are typically not covered by workers’ compensation.
Statute of Limitations
FELA claims must typically be filed within three years of the date of injury.
Proving a Case Under FELA
To successfully prove a case under FELA, the injured worker (or their attorney) must establish the following:
- The worker was employed by a railroad engaged in interstate commerce.
- The injury occurred during the course of employment.
- The railroad company was negligent.
- The railroad’s negligence played some role in causing the injury, even if it was only slightly responsible.
The burden of proof in FELA cases is often described as “featherweight,” meaning that the plaintiff needs to show that the railroad’s negligence played any part, even the slightest, in producing the injury.
How FELA Cases Are Unique
FELA cases are distinct from typical personal injury or workers’ compensation cases for several reasons:
Federal Law
FELA is a federal law, which means these cases can be tried in either federal or state courts.
Comparative Negligence
Under FELA, damages are reduced in proportion to the worker’s own negligence, if any.
No-Fault System
Unlike workers’ compensation, FELA is not a no-fault system. The injured worker must prove some level of negligence on the part of the railroad.
Potential for Higher Compensation
Because FELA allows for a broader range of damages and has no caps, potential compensation can be significantly higher than in workers’ compensation cases.
The Need for Specialized Legal Representation
Given the complexities of FELA and the unique challenges of railroad injury cases, it’s crucial to work with an attorney who understands this specific area of law. An experienced FELA attorney possesses in-depth industry knowledge, comprehending the railroad industry, its terminology, and common practices. They have the investigative skills necessary for FELA cases, which often require thorough investigation to prove negligence, enabling them to gather and present evidence effectively. Additionally, these attorneys have substantial negotiation experience, essential when dealing with railroad companies that often have teams of lawyers dedicated to minimizing payouts. A knowledgeable FELA attorney is also well-versed in the numerous federal regulations involved in these cases and can identify when these regulations have been violated. Lastly, if a case goes to trial, having an attorney comfortable with presenting complex technical evidence to a jury is invaluable.
Injuries Frequently Suffered by Railroad Workers
Railroad work is inherently dangerous, and workers can suffer a wide range of injuries. Some of the most common include:
- Traumatic Injuries: Such as fractures, amputations, and crush injuries from accidents involving heavy equipment or moving trains.
- Back and Neck Injuries: Often resulting from falls, lifting heavy objects, or the constant vibration associated with railroad work.
- Repetitive Stress Injuries: Including carpal tunnel syndrome and tendinitis from repetitive motions.
- Hearing Loss: Due to prolonged exposure to loud noises in rail yards and on trains.
- Respiratory Issues: From exposure to diesel fumes, asbestos, or other harmful substances.
- Burns: From fires, explosions, or contact with hot surfaces or chemicals.
- Head Injuries: Including concussions and traumatic brain injuries from falls or struck-by accidents.
Types of Railroad Accidents in Texas
Texas, with its extensive rail network, sees various types of railroad accidents. Some of the most common include:
Train Collisions
Including train-to-train collisions and train-vehicle collisions at crossings.
Derailments
Often caused by track defects, equipment failure, or human error.
Yard Accidents
Occurring during switching operations or maintenance activities.
Pedestrian Accidents
When individuals are struck by trains, often at crossings or in rail yards.
Equipment Malfunctions
Leading to accidents during operation or maintenance.
Chemical Spills
Resulting from derailments or other accidents involving hazardous materials.
Common Causes of Rail Yard Accidents
Rail yards are particularly dangerous environments. Common causes of accidents in these areas include:
- Improper Communication: Miscommunication between workers can lead to serious accidents.
- Inadequate Training: Lack of proper training can result in workers making dangerous mistakes.
- Fatigue: Long shifts and irregular hours can lead to fatigue-related accidents.
- Equipment Failure: Malfunctioning equipment or poor maintenance can cause accidents.
- Unsafe Working Conditions: Including poor lighting, uneven surfaces, or cluttered work areas.
- Inadequate Safety Procedures: Failure to follow or enforce safety protocols can lead to accidents.
- Weather Conditions: Extreme weather can create hazardous working conditions.
Conclusion
Railroad injuries can have devastating consequences for workers and their families. In Fort Worth, a city with deep ties to the railroad industry, understanding your rights under FELA is crucial if you’re a railroad worker or family member of one who has been injured on the job.
At Varghese Summersett, we have the experience and knowledge necessary to navigate the complexities of FELA claims. We understand the unique challenges faced by railroad workers and are committed to fighting for their rights. If you or a loved one has been injured while working on the railroad, don’t hesitate to reach out for a consultation. Your future may depend on having the right legal representation by your side.
