BNSF Railway has been ordered to reinstate a railroad worker who was injured in 2010, and to pay the injured worker over $530,000 in back pay, damages and legal fees. This decision was based on a federal investigation that found the railroad illegally retaliated against the injured railroad worker after he reported a work injury.
The injured railroad worker suffered the injury in 2010 while en route from Vancouver, Wash. to Pasco. The worker filed a Federal Railroad Safety Act anti-discrimination complaint with the Labor Department’s Occupational Safety and Health Administration in February 2011. According to the Department of Labor, BNSF officials fired the injured worker in August 2011, despite knowing that his injury report was protected by law.
Investigators from OSHA concluded that BNSF violated federal laws protecting whistleblowers. As a result, OSHA ordered the railroad to pay punitive and compensatory damages. The agency has also stated BNSF must reintstate the injured railroad worker and expunge his record of all charges and disciplinary action.
Unfortunately, the actions of BNSF and other railroad companies appear to be common practice when it comes to injured railroad workers. When railroad employees are injured on the job, it is often due to negligence on the railroad’s part. However, many injured railroad employees are not aware that they are protected by the Federal Employers Liability Act (FELA).
What is the Federal Employers Liability Act?
Long before state workers compensation laws came into existence, Congress worked to protect the rights of injured railroad workers through enacting the Federal Employers Liability Act. Under FELA, injured railroad workers can seek damages in court for injuries suffered while on the job.
FELA claims are similar to workers compensation claims, as both systems are designed to compensate employees who are injured at work. However, the similarities between the two systems generally end there.
In a workers compensation claim, the injured employee is not required to prove that the employer was negligent or otherwise at fault for the injury. The injured employee need only show that the injury occurred while in the course and scope of employment.
In a FELA claim, by contrast, the injured railroad worker is required to show that the employer was not only negligent, but that the negligence was also a cause of the railroad injury. In this way, a worker making a FELA claim has a higher hurdle to clear compared to a workers compensation claim.
There are other differences between the two systems as well. In a workers compensation claim, the injured employee’s compensation is generally limited to medical expenses, lost income, and compensation for any resulting disability. The damages recoverable through a FELA claim, however, are more extensive and can include:
- Past and future medical expenses
- Past and future lost wages
- Physical pain and suffering
- Mental and emotional suffering
- Loss of earning capacity
- Permanent partial or full disability
Injured Railroad Worker Lawsuits
If you are an injured railroad worker, you may have a FELA railroad injury lawsuit. The Federal Employers Liability Act (FELA) has existed for more than a century, and it protects the rights and health of injured railroad workers.
Railroad worker injury lawsuits seek fair financial compensation for injuries and deaths that railroad employees suffer on the job. If you are a family member of a railroad employee who died on the job, you can also file a FELA lawsuit on behalf of your loved one.
Obtain a Free Railroad Injury Case Evaluation
If you or a loved one suffered a railroad injury on the job, you may be eligible to take legal action against the employer and seek compensation for your injuries.
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