Catastrophic burns: Do you qualify for a FELA claim?

Railroad workers who understand catastrophic burn criteria and how FELA applies can better protect themselves after devastating accidents.

• Catastrophic burns are severe burn injuries that result in deep tissue damage, lasting disability, disfigurement, or require extensive medical care such as skin grafts, surgery, and long rehabilitation. Not every burn injury rises to the level of catastrophic, but certain types of burns cause permanent harm that changes a worker's life and ability to earn a living.
• Third-degree burns damage through all layers of the skin and into the underlying tissue. These burns destroy nerve endings and often appear white, black, or charred. They always require medical intervention and typically need skin grafts to heal.
• Fourth-degree burns extend beyond the skin into muscle and bone. These are the most severe burns possible and often result in amputation or permanent loss of function in the affected area.
• Burns covering a significant body surface area create medical emergencies even when they are not the deepest type of burn. Large burns can cause the body to go into shock, become infected, and cause organ failure. Managing them requires hospitalization, aggressive fluid replacement therapy, and intensive care for the damaged areas.

When burns result in permanent scars, disfigurement, nerve damage, or disability, they affect a worker's physical appearance, movement, and work capabilities. Scarring restricts mobility, especially in joints where the body needs to bend. Nerve damage can produce chronic pain or numbness that becomes a lifelong condition.

Burns this severe typically mean hospital stays, extended recovery, and ongoing medical care for life. They can make it extremely difficult or impossible for workers to do their jobs and might completely end their railroad careers.

How catastrophic burns happen in railroad work

Railroad work creates many opportunities for severe burn injuries. Severe burns often occur from fires or explosions caused by fuel, flammable materials, or equipment breakdowns. Diesel fuel and other combustible materials on locomotives and railcars can ignite during accidents or maintenance work.

Hot equipment or steam contact in engines, boilers, or undercarriage areas causes burns when workers perform inspections, repairs, or coupling operations. Steam leaks from aging equipment can spray workers with superheated vapor that causes immediate deep tissue damage.

Electrical faults or arcs from high-voltage systems happen when workers touch live wires, work near overhead catenary systems, or encounter equipment with damaged insulation. Electrical burns often cause surface burns and internal tissue damage that might not show up right away.

Chemical exposures from hazardous materials being transported or handled can cause chemical burns that continue to damage tissue until the substance is completely removed. Railroads transport acids, caustic substances, and other chemicals that burn on contact.

Burn injuries across U.S. workplaces

According to U.S. federal safety data and occupational health research, workplace burn injuries make up a substantial portion of occupational injuries overall. Estimates suggest that 10% to 45% of all burn injuries occur on the job in some studies.

In 2020, the U.S. Bureau of Labor Statistics recorded more than 16,500 burn injuries at work, including thermal, electrical, and chemical burns. Many of these required medical attention, lost work time, or ongoing care. These cases included nearly 12,000 thermal burns, 3,500 chemical burns, and hundreds of electrical burns, all potentially catastrophic or life-altering depending on severity and circumstances.

Workers in high-risk environments, including rail, industrial, and transportation settings, face this same risk of severe burn injury. Transportation occupations continue to show relatively high rates of severe and fatal injuries compared to other industries.

How FELA applies to catastrophic burn claims

A railroad worker may be eligible for compensation under FELA if the burn injury occurred during the course of railroad employment, whether on the job or performing job duties. The railroad's negligence must have contributed in any part to causing the injury. The legal standard under FELA requires only that the employer's negligence played any role in the injury, even slightly.

The worker must provide medical evidence and documentation of the injury, its severity, and how it affects their earning capacity and quality of life. Leading legal resources and railroad injury compendiums list burn injuries as one of the types of serious injuries for which railroad workers commonly file FELA claims when employer negligence is present.

FELA compensation for catastrophic burns can include past and future medical bills and life-care costs, lost wages and lost future earning capacity due to disability, pain and suffering, disfigurement and disability losses, and permanent impairment benefits when burns cause lasting disability or functional limitations.

Catastrophic burns versus minor burns under FELA

Minor burns treated with first aid alone typically will not rise to the level of a catastrophic claim under FELA. What usually qualifies as catastrophic involves third-degree or deeper burns, burns requiring reconstructive surgery, burns covering large body areas, long-term disability or disfigurement, and significant time away from work.

Injuries like these can alter someone's life forever. When burns leave a worker permanently scarred, unable to use a limb properly, or unable to return to railroad work, the full scope of damages can reach into the hundreds of thousands or even millions of dollars. FELA recognizes this harm as deserving full compensation when negligence played a part.

You may file a FELA claim for catastrophic burn injuries

For over 35 years, ELG Law has represented railroad workers who suffered catastrophic injuries due to employer negligence. If you sustained severe burns from fire, explosion, electrical contact, steam, or chemicals while working for a railroad, you may be entitled to full compensation under FELA. Contact ELG Law for a free case evaluation. Our attorneys will review your accident and medical records to determine your claim's strength and help you pursue maximum recovery under federal law.