Railroad work in Lincoln, California, and surrounding areas, including Placer County, presents notable hazards, whether related to performing maintenance on tracks that service regional lines or operating freight trains. If workers are injured, they have an avenue for justice and compensation through the Federal Employers' Liability Act (FELA). Enacted in 1908, FELA permits railroad workers to seek damages for injuries resulting from employer negligence and provides employee protections that exceed those afforded under state workers' compensation statutes. At the Law Office of Brian P. Azemika, we help Northern California railroad workers navigate FELA claims to recover what they deserve. Below, we outline the key aspects of FELA, including coverage, examples of negligence, common injuries, available compensation, and how our firm can assist. 

What is FELA and Why It Matters 

The Federal Employers Liability Act (FELA) is a statute, a federal law, that was passed in 1908, protecting railroad employees who are injured in the course of their employment due to the negligence of their employer. In contrast to workers' compensation, which is a no-fault benefit intended to restrict recovery, FELA is a fault-based system that allows the employee to sue their employer for the full amount of damages, as long as employer negligence is a factor in the injury. This matters because it helps promote safer railroads, holds companies accountable, reduces the accident rate, and promotes uniformity in practices. In areas like Lincoln, where rail lines support commerce, FELA empowers workers to address hazards without fear of retaliation, covering a broad range of incidents from acute accidents to long-term exposures. 

Who is Covered Under FELA 

FELA covers most railroad employees engaged in interstate commerce, including those working for companies like Union Pacific or Amtrak that operate across state lines. This includes train conductors, engineers, brakemen, track maintenance workers, signal maintainers, and yardmasters. Coverage applies to workers who become injured while conducting their job functions, even off premises, as long as the injury occurred in the course of their work. It also covers independent contractors or subcontractors as long as the injury occurred while they were working as employees of the railroad, under the control or supervision of the railroad. Railroad coverage does not apply to non-railroad employees or purely intrastate operations. If you are unsure whether or not there is coverage if you work in Lincoln or the surrounding area, it is essential to contact an attorney to determine whether you may qualify. 

Examples of Railroad Employer Negligence Under FELA 

In FELA cases, employer negligence can take many forms, and even minor liability may be sufficient to recover. Some common examples of negligence include failing to provide safety equipment (such as gloves or helmets), not properly training workers on machinery or equipment, and neglecting to maintain tracks or equipment, which significantly increases the risk of derailments. Other examples include violations of safety regulations, such as OSHA regulations, or requiring employees to work in unsafe conditions, such as on a slippery platform or with inadequate lighting. In Lincoln-area situations, the contractor or another employee may be at fault for negligence in their supervision. Despite that, the railroad may still be liable to you under FELA for its negligence. These are examples of negligence that can help make your case stronger, particularly if they are violations of federal safety regulations. 

Common Injuries Resulting from Negligence 

Railroad negligence often results in serious injuries due to the always-hazardous working conditions. The most common types of injuries are fractures to the bones from a slip or fall while boarding the equipment, traumatic brain injuries (TBIs) from a collision with something, and injury to the spinal cord, causing paralysis. Examples of repetitive motion injuries, such as carpal tunnel syndrome or hearing loss due to noise exposure, as well as severe burns due to electrical hazards, are also common. As well as crushing injuries related to operating heavy machinery. Long-term exposure can cause respiratory issues or cancers from toxic substances. In FELA claims, injuries are compensable if they result from the employer's negligence, and often require significant medical evidence to support compensation.   

Compensation Available Under FELA 

FELA offers complete reimbursement for railroad injury victims, including compensation for injuries sustained by railroad workers, as well as medical care for surgical treatment and rehabilitation, lost wages (both past and future), and compensation for pain and suffering. Unlike workers' compensation, FELA provides for nonspecific injury damages, such as emotional distress, loss of quality of life, and disability, and there are no caps on awards. In wrongful death cases, family members may recover funeral costs and lost support. In these types of cases, settlements can range from $50,000 for a minor injury to $1 million for a catastrophic injury, or other dollar amounts based on the documented nature of the negligence and the significant impact on quality of life or one's life, as well as the severity of the injury. The comparative negligence rule in California applies to injured railroad workers, which means your award would be reduced based on whether the employer contributed to your injury. 

How the Law Office of Brian P. Azemika Can Help 

At the Law Office of Brian P. Azemika, we provide dedicated representation for FELA claims in Lincoln and the surrounding areas. With over 20 years of experience, Brian P. Azemika handles your case personally, investigating negligence, gathering evidence such as safety records and medical reports, and negotiating with railroads to secure maximum compensation. Our track record includes $2,350,000 for an auto accident and $300,000 for a wrongful death case, showcasing our ability to secure substantial results in complex injury cases. We work on a contingency basis, with no upfront fees, and offer free consultations to guide you through the three-year statute of limitations. 

Contact Us for a Free Consultation Today 

If you've been injured as a railroad worker in Lincoln or nearby, contact the Law Office of Brian P. Azemika for expert help with your FELA claim. From our Sacramento and Roseville offices, we're committed to fighting for your rights. Contact us by phone or online to schedule a no-obligation case review today.