The brain is the most complex and important part of the body. It controls your thoughts, memory, speech, body movement and numerous other important organs and functions throughout the body. For an engineer, conductor, a switchman, signalman and many others the brain is completely essential to one’s ability to complete job tasks. Railroad employers provide hard hats, helmets and other safety measures to lessen the risk of serious brain injury, but some FELA brain injury accidents leave unavoidable results.
FELA Railroader Traumatic Brain Injury
Severe head injuries resulting from blows or collisions involving the head ultimately leave your brain at risk for a permanent traumatic brain injury. Severe brain injuries are some of the worst outcomes from work injuries that railroaders will possibly encounter and will certainly impact a railroader’s ability to even complete daily tasks at home. Damage to the brain cannot be reversed but functions and abilities may become possible again. Extensive medical care is often needed in assisting those recovering from a traumatic brain injury.
Mild head injuries and concussions are also frequent injuries that should be monitored for caution to see if the damage is worse than initially suspected or recovery is slower than expected. Railroad workplace strokes, aneurysms and ensuing hemorrhages are more severe brain conditions and often require immediate medical attention. Ultimately any type of strong blow or hit to the head can damage your brain and you should monitor and seek attention when needed.
FELA differs greatly from general worker’s compensation in that under FELA you must prove legal liability on behalf of the employer for the incident in question. This generally means Under the FELA, railroaders may be entitled to additional compensation if there is evidence that the injury was caused in whole or part by the negligence or fault of the railroad. Railroads are required to provide their rail workers with a reasonably safe working environment. This safe working environment not only covers the physical areas on the tracks and in the rail yards, but also covers the equipment, safety measures and other tools railroaders need to safely complete their jobs.
FELA Traumatic Brain Injury (TBI) Attorney
Railroad employees who suffer a workplace brain injury will soon find that their life is potentially completely different. Families of injured railroaders might actually have to begin making life decisions for their loved ones if the TBI is severe enough. One of those decisions might involve helping your injured railroader select legal counsel. It is highly recommended that when pursuing legal counsel for a FELA brain injury that you contact an attorney or firm that can handle these claims from the beginning to end. That includes assisting clients in understanding their rights and what they can expect throughout the process. Our experienced FELA and trial attorneys at The Youngdahl Law Firm, P.C. and Doyle Dennis LLP know what it takes to guide our clients through a FELA brain injury claim and are honored to fight on behalf of our clients every step of the way. Our firms have decades of combined legal experience and can confidently help you pursue a FELA brain injury claim.
FELA negligence may necessitate proving:
The railroad showed a lack of due care in the circumstances of the incident resulting in the brain injury.
The railroad failed to show the response of a reasonable and prudent person during the FELA brain injury causing accident.
The railroad acted in a way that a reasonable and prudent person would not have done during the circumstances of the brain injury incident.
Railroads are required to provide their railroaders with a reasonably safe place to work. Failure to do so can necessitate proof of negligence. Railroads do not have the ability to transfer this obligation of safety while you are still under their employment. This non-delegable duty means the railroads’ duty is to provide reasonable and/or required safety measures no matter where you are working.
The burden of proof of negligence may not be necessary in unique cases that include a violation of the Boiler Inspection Act or the Federal Safety Appliance Act. These unique FELA injury cases often involve the failure of railroads to provide highly specific safety equipment for certain employees. These situations occur when operating a defective locomotive or working on a defective railcar.
To prove fault by a railroad, you must show that the railroad, and/or its employee operating in the course or scope of employment was negligent in causing your brain injury. Comparative negligence, or your own personal negligence in the incident, may factor into the amount of actual recovery from a brain injury claim.