The railroad forms the backbone of American commerce, a network of steel arteries carrying essential goods and materials. But for the dedicated men and women who operate and maintain this system, the work carries inherent risks. Few events highlight these dangers more starkly than a train derailment. The sudden, violent departure of tons of steel from the tracks can unleash catastrophic forces, often resulting in severe injuries from train derailments for those onboard or working nearby.

When such an incident occurs due to the railroad’s negligence, injured employees have specific legal protections under federal law. The Federal Employers’ Liability Act, or FELA, provides the pathway for railroad workers to seek compensation for their injuries and losses.

The Spectrum of Injuries in Train Derailments

The sheer force and chaos involved in a train derailment mean that injuries sustained by railroad workers can range dramatically in type and severity. It’s essential to recognize and document all forms of harm experienced.

Immediate Traumatic Injuries: These are often the most apparent injuries resulting directly from the impact, crushing forces, or subsequent fires:

Fractures and Broken Bones: Arms, legs, ribs, vertebrae, and skulls can easily fracture under the immense forces.

Crush Injuries: Workers can become pinned by wreckage or heavy cargo, leading to severe tissue damage, internal bleeding, and potential limb loss.

Lacerations and Abrasions: Broken glass, torn metal, and contact with rough surfaces can cause deep cuts and extensive skin abrasions, risking infection.

Burns: Fires involving spilled fuel or hazardous materials, or contact with heated metal, can cause severe thermal burns. Electrical burns are also possible.

Head Trauma: Traumatic Brain Injuries (TBIs) can range from concussions to severe, life-altering brain damage caused by impact or oxygen deprivation.

Spinal Cord Injuries: Damage to the spine is common in violent derailments, potentially resulting in partial or complete paralysis (paraplegia, quadriplegia).

Amputations: Limbs may be traumatically amputated during the event or require surgical amputation due to irreparable damage.

Internal Injuries: Organ damage, internal bleeding, and punctured lungs can result from blunt force trauma or penetrating injuries.

Long-Term Physical Effects: Some physical consequences may not be immediately obvious or may develop over time:

Chronic Pain: Persistent back, neck, or joint pain stemming from the initial trauma.

Nerve Damage: Leading to numbness, tingling, weakness, or chronic pain syndromes.

Aggravation of Pre-existing Conditions: The trauma can worsen underlying conditions like arthritis.

Emotional and Psychological Trauma: The mental toll of surviving a catastrophic derailment cannot be overstated:

Post-Traumatic Stress Disorder (PTSD): Characterized by flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event.

Anxiety and Depression: Difficulty coping with the trauma, injuries, and resulting life changes can lead to significant anxiety disorders and depression.

Survivor’s Guilt: Especially in incidents involving fatalities or severe injuries to colleagues.

It is vital to seek medical evaluation for any symptoms following a derailment, physical or psychological. Even injuries that seem minor initially can develop into serious long-term problems. Thorough medical documentation is fundamental for any subsequent FELA claim.

Navigating the FELA Claims Process: A Step-by-Step Guide

Facing a FELA claim after the trauma of a train derailment can feel overwhelming. Following these steps can help protect your rights and lay the groundwork for a potential claim:

Immediate Actions:

Seek Medical Attention: Your health comes first. Get immediate medical care for all injuries, no matter how minor they seem. Follow through with all prescribed treatments and therapy.

Report the Injury: Notify your supervisor and the railroad company about your injury as soon as possible, following established company procedures. Complete an accident report accurately, detailing the facts of the incident and your injuries. Keep a copy.

Document Everything: Write down exactly how the derailment happened from your perspective, including date, time, location, weather conditions, train number, and what you were doing. Note potential witnesses (names, contact info).

Gathering Evidence: This begins immediately and continues throughout the process. Preserve:

All medical records, bills, and receipts related to your treatment.

Your copy of the railroad’s accident report.

Any witness statements you can obtain.

Personal notes or journals detailing your pain, symptoms, limitations, and how the injury impacts your daily life.

Photographs or videos of the accident scene (if safe and possible) and your injuries over time.

Pay stubs and employment records to document lost wages and earning capacity.

Dealing with Railroad Procedures: Be aware that the railroad will conduct its own investigation and likely have claim agents contact you.

Claim Agents: Remember, claim agents work for the railroad, not for you. Their job is to protect the railroad’s interests, often by minimizing payouts.

Recorded Statements: Be very cautious about giving a recorded statement to a claim agent without first consulting a FELA attorney. Statements can be easily misconstrued or used against you later.

Signing Documents: Do not sign any releases, settlement offers, or other documents presented by the railroad without having them reviewed by your own lawyer.

The Importance of Legal Representation: Engaging an attorney who specializes in FELA law early in the process is highly advisable. A FELA lawyer will:

Protect your rights and advise you throughout the process.

Conduct an independent investigation into the derailment’s cause.

Gather necessary evidence, including potentially hard-to-obtain railroad records.

Hire experts (accident reconstruction, medical, vocational) if needed.

Handle all communications with the railroad and its representatives.

Filing the Claim: Your attorney will prepare and file the necessary legal documents to initiate your FELA lawsuit. Remember the statute of limitations: generally, you have three years from the date of the injury to file a lawsuit. Missing this deadline bars your claim permanently.

Negotiation and Settlement: Many FELA cases are resolved through negotiation. Your attorney will present the evidence of railroad negligence and your damages to the railroad’s lawyers and attempt to reach a fair settlement agreement.

Litigation (If Necessary): If a fair settlement cannot be reached, your attorney will prepare your case for trial. This involves formal discovery (exchanging information and documents), depositions (sworn testimony), motion practice, and ultimately presenting your case to a judge and jury.

The Role of Railroad Negligence in Derailment Cases

Proving negligence is the cornerstone of a successful FELA claim arising from a train derailment. It requires showing that the railroad failed to act with reasonable care, and this failure contributed to the incident and your injuries.

What Constitutes Negligence? In the context of derailments, negligence can take many forms:

Failure to Maintain Track: Ignoring known defects, using substandard materials, inadequate inspection frequency, or failing to issue slow orders in hazardous areas.

Failure to Maintain Equipment: Skipping required inspections, using locomotives or cars with known defects (bad brakes, faulty wheels), improper repairs.

Inadequate Training or Supervision: Failing to properly train crew members on safe train handling, operating rules, or emergency procedures. Allowing untrained personnel to perform safety-sensitive tasks.

Unsafe Operating Procedures: Having rules that are inherently unsafe, or pressuring employees to violate existing safety rules (like Hours of Service limits to meet schedules).

Failure to Warn: Not informing crews about known hazards on the track ahead.

Negligent Hiring or Retention: Keeping employees on the job who have demonstrated incompetence or recklessness.

Proving Causation: Under FELA, you don’t need to prove the railroad’s negligence was the sole cause of the derailment or your injury. You only need to show it played any part, no matter how slight. This “featherweight” burden of proof recognizes the complexities of railroad operations and the carrier’s overarching responsibility for safety. For example, if a derailment was primarily caused by a sudden track washout due to unprecedented rain, but the railroad was also slightly negligent in not having an adequate drainage system nearby, that slight negligence could be enough to establish liability under FELA.

An experienced FELA attorney knows how to investigate the circumstances surrounding the derailment to uncover evidence of negligence, linking the railroad’s actions (or inactions) directly to the cause of the incident and your resulting harm.

Documenting Your Injury and the Incident: Building a Strong Case

Thorough documentation is indispensable when pursuing a FELA claim after a derailment injury. This evidence substantiates your claim of injury, establishes the link to the derailment, and helps quantify your damages. Key documents and records include:

Detailed Medical Records: Obtain copies of all records related to your injury, including emergency room reports, doctor’s notes, surgical reports, physical therapy records, diagnostic imaging (X-rays, MRIs), and prescription records. These objectively document the nature and extent of your injuries and treatment.

Medical Bills and Expenses: Keep meticulous records of all costs incurred, including hospital bills, physician fees, therapy costs, medication expenses, travel costs for appointments, and costs for assistive devices. This forms the basis for recovering past and future medical expenses.

Official Accident Report: Your copy of the report filed with the railroad is a primary piece of evidence detailing the initial account of the incident.

Witness Information and Statements: Collect names, job titles, and contact information for anyone who witnessed the derailment or its immediate aftermath. If possible, obtain written statements while memories are fresh.

Personal Notes and Journals: Keep a detailed log describing the incident itself, your injuries, daily pain levels, physical limitations, emotional state, doctor visits, therapy sessions, and how the injury impacts your work, hobbies, and family life. This provides valuable context for pain and suffering damages.

Photographs and Videos: Visual evidence can be powerful. If possible, take photos/videos of the derailment scene (focusing on potential causes like track or equipment issues), your visible injuries over time, and any property damage.

Lost Wage Documentation: Gather pay stubs, work schedules, tax returns, and employment contracts to demonstrate the income lost due to your inability to work. Statements from your employer regarding time off may also be needed.

Organizing and preserving this information systematically will significantly strengthen your FELA claim and assist your legal counsel in building the most effective case possible.

Were You Injured in a Train Derailment? Burge & Burge, PC Can Help. Contact Us Today for a Free Consultation.

Train derailments inflict a heavy toll, leaving physical injuries, emotional scars, and financial instability in their wake. For railroad employees injured in such events, the Federal Employers’ Liability Act provides a vital avenue for seeking accountability and fair compensation when railroad negligence is a factor. At Burge & Burge, PC, we stand with injured railroad workers. We know the dangers you face and the laws designed to protect you. If you have suffered injuries in a train derailment, know that you are not alone. Contact us for a free, confidential consultation to discuss your case and learn how we can help you navigate the FELA claims process.