Railroad Worker Injury Lawyer | The Law Offices of Michael S. Lamonsoff

Understanding Railroad Injuries

Railroad workers play a vital role in the American economy, ensuring the smooth transportation of goods and passengers across the country. With that said, working on or around railroads is one of the most hazardous occupations.

According to the National Safety Council, railroad fatalities in the US totaled 995 in 2023, marking a 10% increase from the 2022 revised total of 908. This figure represents the highest fatality count since 2007. Nonfatal injuries totaled 6,705, reflecting a 3% rise from 6,513 in 2022. These statistics highlight the critical risks faced by railroad employees daily.

Black Letter Law for Railroad Injury Claims

Black letter law, a fundamental principle in legal practice, establishes the core rules governing railroad worker injury claims. Under federal law, the Federal Employers' Liability Act (FELA) provides protections and compensation rights specifically for railroad employees injured on the job.

Unlike standard workers’ compensation laws, FELA requires the injured worker to demonstrate employer negligence to secure compensation. This legal framework underscores the importance of hiring an experienced railroad worker injury lawyer in New York to navigate complex litigation and ensure maximum recovery for injured workers.

Our Railroad Worker Injury Attorney is Ready to Fight for You

Railroad workers injured in New York need an attorney with an aggressive and results-driven approach. Michael S. Lamonsoff, Esq., founder of The Law Offices of Michael S. Lamonsoff, PLLC, is a high-powered advocate for injured workers. Known as “The Bull” for his unyielding tenacity in litigation, Michael Lamonsoff has built a formidable reputation by recovering over $500 million in settlements and verdicts for his clients.

With more than 150 years of combined litigation experience, his firm is committed to delivering justice to injured railroad employees. With 1,400 five-star reviews on Avvo, Facebook, and Google, Michael’s dedication to client success is well-known. When facing off against railroad corporations and their legal teams, injured workers need a fighter like “The Bull” in their corner.

What Is FELA and How It Pertains to Railroad Worker Injuries

The Federal Employers' Liability Act (FELA), enacted in 1908, was designed to protect and compensate railroad workers who suffer job-related injuries. Unlike standard workers’ compensation laws, which provide benefits regardless of fault, FELA requires injured railroad employees to prove that their employer was at least partially negligent in causing their injuries. This means that workers must establish that unsafe working conditions, defective equipment, inadequate safety measures, or employer negligence contributed to their accident.

Under FELA, railroad companies have a duty to:
Provide a reasonably safe work environment
Properly train and supervise employees
Maintain equipment and infrastructure in safe condition
Enforce safety regulations and procedures
Prevent workplace hazards, such as exposure to toxic chemicals or extreme weather conditions

When railroad companies fail to uphold these responsibilities, injured workers can file a claim under FELA to recover damages. This federal law applies to all interstate railroad workers, ensuring that they receive legal protections regardless of where they are injured.

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Types of Railroad Worker Injuries Covered Under FELA

Railroad work involves numerous risks that can lead to severe injuries or even death. Some of the most common types of injuries covered under FELA include:

Traumatic Injuries: These include fractures, amputations, crush injuries, internal organ damage, spinal cord injuries, and traumatic brain injuries (TBIs) caused by train collisions, falling objects, or equipment malfunctions.
Electrical Burns and Electrocution: Working near high-voltage power lines and electrical equipment puts railroad employees at risk of severe burns and fatal electrocution.
Repetitive Stress Injuries: Continuous physical strain from lifting, bending, or operating heavy machinery can lead to chronic musculoskeletal disorders such as carpal tunnel syndrome, tendonitis, and back injuries.
Exposure to Toxic Substances: Railroad workers often encounter hazardous chemicals such as asbestos, benzene, and diesel exhaust fumes, which can lead to severe respiratory conditions, cancers, and neurological disorders.
Hearing Loss: The constant exposure to loud train noises, horns, and heavy equipment can result in permanent hearing damage.
Psychological Trauma: Railroad accidents and near-death experiences can lead to post-traumatic stress disorder (PTSD), depression, and anxiety.

These injuries can have long-term effects on a worker’s ability to return to their job or perform basic daily activities, which makes it important to pursue full compensation under FELA.

Types of Compensation Injured Railroad Workers Can Claim Under FELA

Under FELA, injured railroad employees are entitled to various forms of compensation, which can be significantly higher than standard workers’ compensation benefits. Compensation under FELA includes:

Medical Expenses: Covers current and future medical treatments, including surgeries, rehabilitation, physical therapy, prescription medications, and assistive devices.
Lost Wages: Provides compensation for income lost due to an inability to work during recovery. If the injury leads to permanent disability, workers may also receive compensation for future lost earnings.
Pain and Suffering: Unlike workers’ compensation, which does not account for emotional distress, FELA allows injured workers to seek damages for physical pain, emotional trauma, and diminished quality of life.
Wrongful Death Compensation: If a railroad worker is killed on the job, their family members can file a wrongful death claim under FELA to recover financial support, loss of companionship, and funeral expenses.
Punitive Damages: In cases of gross negligence or willful misconduct by the railroad company, courts may award punitive damages to punish the employer and deter future violations. The award of punitive damages is rare.

Why Injured Railroad Workers Need an Experienced FELA Lawyer

Railroad companies aggressively defend against FELA claims to minimize payouts and protect their bottom line. Their legal teams will attempt to shift blame onto workers, argue that injuries were pre-existing, or offer lowball settlements. For this reason, injured railroad employees need a seasoned FELA attorney who understands the complexities of railroad injury litigation.

Michael S. Lamonsoff, known as “The Bull,” has a track record of taking on powerful corporations and obtaining maximum compensation for injured workers. His firm has the resources, skills, and experience to build a strong case, gather compelling evidence, negotiate fearlessly, and, if necessary, take the case to trial. With a history of winning multi-million dollar settlements and verdicts, The Law Offices of Michael S. Lamonsoff, PLLC stands ready to fight for railroad workers’ rights.

Frequently Asked Questions on Railroad Worker Injury Claims

Do I Have to Prove Negligence in a Railroad Worker Injury Claim?

Yes. Unlike standard workers’ compensation claims, FELA requires injured railroad workers to prove that their employer was negligent in some way, such as failing to provide a safe work environment, inadequate training, or defective equipment.

Can I Sue a Third Party for My Railroad Injury?

Yes. If an outside contractor, equipment manufacturer, or another third party played a role in your accident, you may have a separate claim against them in addition to your FELA claim against your employer.

What If My Injury Happened While Commuting to or From Work?

Generally, injuries sustained while commuting are not covered under FELA. However, if you were required to travel as part of your job duties (such as moving between rail yards) or if your injury occurred due to unsafe conditions on railroad property, you may still have a claim.

Are Occupational Illnesses Covered Under FELA?

Yes. Chronic conditions caused by long-term exposure to hazardous substances (such as asbestos, diesel fumes, or silica dust) may be covered under FELA. Unlike workers’ comp claims, you must prove that your employer’s negligence contributed to your illness.

How Long Do I Have to File a Railroad Worker Injury Claim?

Under FELA, you typically have three years from the date of your injury to file a claim. If your injury or illness developed over time, the statute of limitations begins when you knew or should have known that your condition was work-related.

Can My Employer Retaliate Against Me for Filing a FELA Claim?

No. It is illegal for railroad companies to retaliate against workers for asserting their rights under FELA. If you experience demotion, harassment, or wrongful termination, you may have an additional legal claim.

What If My Employer Says I Must See Their Doctor?

You are not required to see the railroad company’s doctor. Unlike standard workers’ compensation claims, you have the right to choose your own physician under FELA.

Can I Still File a FELA Claim if I Am a Union Railroad Worker?

Yes. Union membership does not affect your ability to file a FELA claim. In fact, many railroad unions encourage members to seek legal counsel for workplace injuries to ensure they receive full compensation.

What If My Injury Was Caused by an Old, Defective Train or Equipment?

Railroads are legally required to maintain safe equipment. If a defective or outdated train, railcar, or tool caused your injury, your employer may be held liable under FELA. Additionally, you may have a claim against the manufacturer of the faulty equipment.

Can I File a FELA Claim If I Was Injured While Working in a Railroad Yard Instead of a Train?

Yes. FELA covers injuries sustained anywhere on railroad property, including rail yards, maintenance facilities, and loading docks—not just injuries occurring on moving trains.

If a Railroad Worker Dies from Their Injuries, Can Their Family File a Lawsuit?

Yes. Under FELA, the surviving spouse, children, or other dependents can file a wrongful death claim against the railroad company. Compensation may include lost wages, medical expenses, and loss of companionship.

What If I Was Injured While Working for a Subcontractor on a Railroad Project?

If you were working as a subcontractor, you may not be covered under FELA. However, you may have grounds for a personal injury lawsuit against the railroad company, the contractor, or another responsible party. An attorney can determine the best legal path for your case.

Get New York’s Leading FELA Attorney on Your Side

Railroad workers face some of the most dangerous job conditions in the country, and when accidents happen, they should receive full and fair compensation. FELA provides a legal avenue for injured workers, but dealing with the complexities of these claims requires legal skill and powerful representation. Michael S. Lamonsoff, “The Bull,” is a champion for injured railroad employees, ensuring they receive the justice and compensation they need.

If you or a loved one has been injured in a railroad accident, don’t face the battle alone. Reach out to The Law Offices of Michael S. Lamonsoff, PLLC today. With a no-hold-barred approach to litigation and a proven record of success, The Bull will fight to hold negligent railroad companies accountable and pursue the maximum financial recovery for your injuries. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.

Railroad Worker Injury