CSX Transportation is a railroad located in the eastern United States and continues into Ontario and Quebec. It operates around 21,000 miles of track. As one of the larger railroad companies on the east coast, CSX Transportation has employed many people who have sustained injuries. If you or a loved one has been injured working on a CSX Transportation railroad, contact Murphy, Falcon & Murphy for guidance and representation filing a FELA claim.
Railroads are the site of many injuries. In the early 1900s Congress passed the Federal Employers Liability Act (FELA). FELA is focused on protecting railroad workers in the event of an injury.
In order to win a FELA case, you must prove that the railroad company was acting negligently and caused your accident. Under FELA law, railroad companies are required to provide a safe work environment, inspect the work environment for hazards, provide adequate training, protect workers from others, enforce safety rules, and prevent use of unreasonable work quotas. If the company’s failure to do any of these things caused your injury, you may be eligible to file a FELA claim.
The requirements for winning a FELA case are less extensive than many other personal injury cases. You need to prove that the company played some part in your injury, not that it was the sole reason for your injuries.
FELA claims utilize the rule of comparative negligence. Comparative negligence means that the court is going to take into account how at fault each party was and that will affect the compensation. For example, if you are determined to be 25% responsible for your injury, your awarded damages will be 25% less.
Railroad workers can suffer a wide variety of injuries at their jobs. Some of the most common railroad injuries are as follows:
Some CSX workers have suffered brain damage from chemicals. Studies found that the solvents used to clean the trains were causing difficulties with one side of the brain communicating with the other. Many railroad companies have been accused of causing brain damage with their chemicals, and CSX has had the largest number of claims filed against them. Railroad companies began reducing their use these solvents in 2000, but damage done before then is still causing current and former railroad workers problems with brain function.
CSX Transportation has both won and lost FELA cases regarding the chemical solvents. Scientific studies have proven a physical change in the brains of CSX railroad workers who were exposed to the chemicals for long periods of time. Evidence of the physical change has made it more difficult to claim that something other than the cleaning solvents caused the brain damage CSX railroad workers suffered.
If you or a loved one has suffered an injury because of CSX Transportation’s negligence, the attorneys at Murphy, Falcon & Murphy can help you receive the compensation you deserve.