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Railroad workers' shoulder injuries are covered by FELA (the Federal Employer's Liability Act). FELA claims can be based on specific injuries — such as sudden shoulder injuries — or occupational injuries (those which develop over time as a result of one's occupation or repetitive motion, which can include a shoulder injury). In a successful FELA claim for a shoulder injury, the railroad employer pays the many costs associated with an employee's injury.
A shoulder injury or rotator cuff injury (e.g., from ) can have devastating consequences for an individual. One may suffer great pain over a long period of time from such an injury, and the loss of one's job or the complete ability to work is a common outcome. FELA claims make it possible to recover a railroad workers losses and costs such as:
Under FELA, in order for a railroad worker with a shoulder injury to compensated for these losses, he or she must show that the injury was incurred while on the job or due to the job, and that it involved some negligence (fault for the injury) on the part of the employer railroad (even if the railroad's negligence was very small).
If the employee has some responsibility for the shoulder injury, that does not bar him or her from making a FELA claim for compensation. The amount of financial compensation awarded related to the injury will simply be reduced by a percentage that the employee is found negligent. For example, if the court decides that the employee was found 20 percent responsible for a shoulder injury, a total $500,000 award would be reduced by 20 percent ($100,000) to $400,000.
If you have suffered a shoulder injury or a rotator cuff injury that is due in some part to your job as an employee of a railroad, contact a law firm that represents plaintiffs (victims) in FELA claims. You can schedule a no-cost, no-obligation initial consultation in which your circumstances and legal options will be discussed at length.
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