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Railroad ballast injuries that railroad employees suffer are typically the result of long term exposure to unhealthy work conditions. When railroad company negligence is the cause of railroad ballast injuries, the company may be held liable for the worker’s damages under FELA. FELA, or the Federal Employer’s Liability Act, was passed by Congress in 1908. The FELA indicates that railroad workers who have been injured on the job have the legal right to seek compensation for their losses from their negligent employer, providing they can prove that such negligence was the cause, in whole or part, of the injuries.
Compensation for work related railroad ballast injuries is sought through a different legal means than compensation for other work related injuries. Most employees are protected by state workers compensation laws which relieve worker’s from work related injury losses. At the turn of the century, the United States federal government believed that, given the dangers of railroad work, railroad employees needed special protections against work related injuries. They enacted the FELA which extended compensatory rights and options to railroad workers in cases of railroad ballast injuries and other railroad injuries. The FELA was also designed to encourage railroad companies to keep the work environment safe and free from danger whenever possible.
Railroad ballast injuries are often considered preventable and are therefore often the result of railroad company negligence. Ballast is the coarse gravel or rock that is used to form a railroad bed. There are different types of ballast that can be used in railroad applications, some being safer than others. Workers who must walk over dangerous ballast are at risk for suffering railroad ballast injuries due to a slip and fall accident or long term exposure to the deleterious effects of ballast. Railroad ballast injuries can include damage to the feet, ankles, knees, legs and spine, or may cause a person to develop a musculoskeletal disorder.
Railroad ballast injuries can develop over a long period of time to dangerous ballast in the railroad work environment. Studies have found conclusive evidence suggesting that the type of ballast a worker walks on largely determines his risk of developing railroad ballast injuries. Walking ballast has been shown to be much less hazardous to worker health than main line ballast, yet some railroad companies negligently fail to protect workers from railroad ballast injuries by using safer ballast materials.
When a railroad worker suffers preventable railroad ballast injuries because the railroad work environment was not reasonably safe, the victim may be entitled to compensation for his losses. It is important to keep in mind that there is a statute of limitations which restricts the amount of time a person has to file a railroad ballast injuries claim. The time a statute of limitations begins is typically when the employee learns of the cause of his railroad ballast injuries.
If you would like to learn more about railroad ballast injuries, you may wish to speak to an attorney who has a great deal of experience protecting the rights of injured railroad workers under the FELA.
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