FELA: Catastrophic injury claims

What a catastrophic injury means under FELA

FELA is a federal statute that gives railroad workers the right to sue their employers when they suffer work-related injuries or illnesses. Under FELA, injured workers can recover damages beyond those offered by traditional workers' compensation programs, including pain and suffering, earnings loss, and permanent disability compensation, in addition to those offered by traditional workers' compensation programs.

The FELA does not provide a formal definition for catastrophic injury. Catastrophic injuries are defined by the nature and extent of the injury, its impact, and the ability to identify employer negligence or unsafe conditions. Injuries that result in severe, often permanent injuries have adverse effects on a worker's health, mobility, quality of life, and earning potential.

Types of catastrophic injuries in railroad work

There are unique hazards that railroad workers face that can cause devastating injuries. Railroad operations, which involve heavy machinery, high-voltage electricity, toxic chemicals, and massive moving equipment, create numerous opportunities for severe injury. 

There are a number of catastrophic injuries sustained by railroad workers every year, including:

• Spinal cord injuries and paralysis from trauma to the back or neck can cause partial or full paralysis, such as paraplegia or quadriplegia, resulting in permanent disability and requiring extensive medical care and lifestyle adaptations.
• Traumatic brain injuries can result in permanent brain damage, cognitive impairment, personality changes, memory loss, and diminished independence after external trauma, chemical exposure, or other workplace incidents.
• Amputation or major limb loss from crush accidents, equipment failure, or derailments permanently alters a worker's physical capabilities and independence.
• Heavy equipment, derailments, or couplings can cause serious crush injuries or multiple fractures that can be permanently disabling.
• Severe burns and electrical shock from high-voltage equipment, as well as exposure to chemicals, asbestos, diesel exhaust, or industrial solvents, can result in chronic illness, permanent disability, or lasting impairment

FELA recognizes the aggravation of pre-existing conditions as well. A railroad injury that significantly worsens a previously existing condition, such as a permanent impairment or disability, may also be considered a catastrophic injury.

Legal basis for FELA coverage

Railroads are required to provide reasonable, safe work conditions, tools, and equipment under the Federal Employers' Liability Act (FELA). When employer negligence or defects in equipment, track, or safety appliances contribute to an injury, even partially, injured workers become entitled to damages. If employer negligence played any part, even minimally, in causing or contributing to the injury, the injured worker may bring a claim.

Economic damages can be recovered under FELA, including medical expenses, lost wages, and loss of future earning capacity. Successful claims may also be able to recover non-economic damages like pain and suffering, disability, disfigurement, and loss of enjoyment of life. FELA is not limited to immediate traumatic injuries. When causation and negligence are proven, courts will recognize FELA claims involving cumulative trauma, occupational diseases, and long-latency illnesses.

Proving a catastrophic injury claim under FELA

Establishing a valid catastrophic injury claim under FELA requires meeting specific legal standards that connect the injury to employer negligence. Violations of safety regulations are considered negligent under FELA based on a relaxed featherweight causation standard, which is lower than the common law negligence standard. 

Workers must prove four core legal elements to establish a valid catastrophic injury claim under FELA:

• employment by a railroad engaged in interstate commerce
• injury occurring in the course of employment
• the railroad's negligence played any part in causing the injury
• resulting damages from the severe injury

A catastrophic injury amplifies the damages element in a FELA claim, requiring thorough evidence of long-term effects such as permanent disability, lost earning capacity, and extensive ongoing medical care.

Building a strong catastrophic injury claim

The extent and permanence of catastrophic injuries are generally demonstrated through detailed medical evidence in FELA cases. Comprehensive medical records, including diagnoses, treatments, imaging such as MRIs and CT scans, prognosis, and expert testimony linking work exposure to the injury, build the foundation of catastrophic injury claims.

Evidence linking injury or disease causation to railroad negligence connects employer actions to worker harm:

• accident reports and witness statements
• photos and videos of unsafe conditions
• employment records and safety violation reports
• documentation of defective equipment
• records of inadequate safety protocols

Comparative negligence is also applied to these claims, which means the worker's compensation is reduced if they share responsibility, but it isn't completely barred. Depending on the worker's negligence compared to the employer's negligence, the amount of reduction may vary.