FELA Railroad Injury Lawyers

Railroad work is dangerous, and accidents happen. To protect workers, Congress passed the Federal Employers’ Liability Act (FELA) in 1908. This law ensures that injured railroad workers can seek compensation for their injuries, regardless of fault.

FELA allows injured railroad workers to seek compensation from their employers, even if the railroad worker or another party was partially at fault for the accident. This is different from traditional workers’ compensation, which often limits the amount of compensation available.

To qualify for FELA benefits, your injury must meet the following criteria:

• You must be a railroad employee.
• Your injury must have occurred while you were working for the railroad.
• The railroad’s negligence must have contributed to your injury.

In 2023, 995 people died in railroad accidents  and 6,700 people were injured in railroad accidents. These numbers underscore the serious risks railroad workers face and the vital importance of FELA protection.

If you have been injured while working for a railroad, understanding your rights under FELA is essential. The law offers critical safeguards, but navigating the claims and lawsuit process can be challenging. Consulting with a legal professional can help ensure you receive the compensation you deserve.

At Glasheen, Valles & Inderman Injury Lawyers, we know FELA claims can be complicated. We’re here to help injured railroad workers get the money they deserve.

Railroad work remains a vital part of the economy in both Texas and New Mexico, but it also comes with significant risks. Let’s examine the facts about railroad employment, accidents, and infrastructure in these two states.

Texas: A Railroad Powerhouse

Texas stands as a national leader in freight rail, with an extensive network that drives economic growth:

• 10,466 miles of track, the most of any U.S. state, spanning across 268,820 square miles
• 54 freight railroads operating within the state
• Over 17,200 railroad employees as of 2019, #1 in the U.S., representing close to 11% of the total United States freight railroad workforce.

This vast infrastructure supports crucial industries such as energy production, manufacturing, and distribution. In 2021 alone, Texas railroads moved 375.8 million tons of freight, equivalent to what would have required 20.9 million trucks.

While this network fuels economic prosperity, it also presents significant safety challenges. In 2023, Texas led the nation with 246 railroad crossing accidents, resulting in 16 fatalities and 77 injuries.

Major railroads operating in Texas include:

• BNSF Railway (headquartered in Fort Worth)
• Union Pacific Railroad
• Canadian Pacific Kansas City
• Amtrak (passenger service)
• DART (Dallas Area Rapid Transit)

New Mexico: Smaller Scale, But Not Without Risk

New Mexico’s railroad presence is more modest, but accidents still occur:

• 2,044 miles of freight railroad track
• 3 freight railroads operating in the state
• 1,370 freight rail employees

In 2023, New Mexico experienced 63 train accidents, resulting in 12 injuries. While fewer than Texas, these numbers highlight the ongoing safety concerns in railroad work.

Key railroads in New Mexico include:

• BNSF Railway
• Union Pacific Railroad
• Amtrak (passenger service)

The New Mexico Department of Transportation (NMDOT) plays a crucial role in managing rail operations in the state. The NMDOT Rail Bureau oversees the NM Rail Runner Express passenger service, manages railroad property, and implements safety improvement programs.

Major Railroad Companies in Texas and New Mexico

Texas and New Mexico are home to several important railroad companies, each playing a crucial role in the region’s transportation system. Let’s break down the types of railroads and their significance:

Class I Railroads:
Class I railroads are the largest and most profitable freight railroad companies in North America. They operate over vast networks and generate billions in revenue annually. In Texas and New Mexico, these include:

• BNSF Railway (headquartered in Fort Worth, TX)
• Union Pacific Railroad
• Canadian Pacific Kansas City (CPKC)

Regional and Short Line Railroads:
These are smaller railroads that often connect rural areas to larger networks. They’re vital for local economies. Examples include:

• Texas Mexican Railway
• Fort Worth and Western Railroad
• Panhandle Northern Railroad
• New Mexico Central Railroad

Passenger Rail:
While freight dominates the railroad industry, passenger services are also important:

• Amtrak (operating interstate routes for long-distance travel)
• Dallas Area Rapid Transit (DART, serving the Dallas metropolitan area)
• Trinity Railway Express (TRE, connecting Dallas and Fort Worth)
• New Mexico Rail Runner Express (serving central New Mexico)

Texas boasts an impressive 54 freight railroads, highlighting the state’s importance in the national rail network. This means Texas has a complex web of train routes crisscrossing the state, moving goods and materials. New Mexico, though smaller in scale, maintains a vital rail presence with its freight and passenger services.

It’s worth noting that while CSX Transportation, another major railroad company, doesn’t directly operate in Texas or New Mexico, it plays a significant role in the national freight network. CSX often works with local railroads to move goods through these states, even though it doesn’t own tracks there.

As Justice William Douglas of the United States Supreme Court once stated, “The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation.” This powerful quote underscores the importance of laws like FELA in protecting railroad workers and holding companies accountable for workplace safety.

Understanding the complex landscape of railroad companies, their operations, and the protections in place for workers is crucial if you’ve been injured while working on the railroad. At Glasheen, Valles & Inderman Injury Lawyers, we’re here to help you navigate this complex system and fight for the compensation you deserve.

The Human Toll

Behind the statistics are real people facing daily risks on the job and the families that support them when the worker has a life-altering injury or that get left behind when these risks become fatal:

• In 2023, Texas led the nation with 246 railroad crossing accidents, resulting in 16 fatalities and 77 injuries.
• New Mexico experienced 63 train accidents in 2023, resulting in 12 injuries.

Railroad workers in both states confront hazards such as:

• Collisions and derailments
• Falls from equipment
• Exposure to hazardous materials
• Repetitive stress injuries
• Extreme weather conditions

The reality is clear: while railroads are essential to the economies of Texas and New Mexico, the work comes with inherent dangers. Railroad employees face risks daily, and accidents continue to occur despite safety measures.

Union Representation and Advocacy

Railroad workers in both states are often represented by powerful unions. These organizations act as advocates for workers’ rights and safety. Some of the major unions include:

• Brotherhood of Locomotive Engineers and Trainmen (BLET)
• International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD)
• Brotherhood of Railroad Signalmen (BRS)
• Transport Workers Union of America (TWU)

These unions play a crucial role in:

• Negotiating safety standards and equipment requirements
• Advocating for fair working conditions and reasonable work hours
• Pushing for improved healthcare benefits
• Representing workers in disputes and investigations

The Transport Workers Union, for example, represents members at major railroads like Amtrak, CSX, and Norfolk Southern, fighting for fairer wages, increased safety, and better benefits for workers who keep trains and freight moving.

Union membership has been shown to correlate with improved workplace safety. States with higher union membership rates typically have significantly lower fatal work injury rates compared to states with low union participation.

By combining efforts to address the human cost of railroad work with strong union representation, the industry aims to improve safety and working conditions for railroad employees in Texas, New Mexico, and across the nation.

FELA covers almost all railroad workers engaged in interstate commerce, including:

• Train engineers and conductors
• Track maintenance workers
• Signal operators
• Mechanics and repairmen
• Office workers at railroad sites

It’s important to note that you have three years from the date of your injury to file a FELA claim. If you miss this deadline, you may lose your right to compensation.

Railroad work in our region can lead to various injuries, including:

• Back and neck injuries
• Broken bones
• Lung problems from harmful dust exposure
• Burns from hot equipment or chemicals
• Hearing loss from loud noises
• Brain injuries
• Soft tissue damage
• Heat-related illnesses
• Arm and leg amputation
• Death

Our FELA railroad injury lawyers in Texas and New Mexico are experienced in handling all types of railroad injury cases.

FELA offers significant advantages over traditional workers’ compensation laws, providing a broader scope of compensation for railroad workers. Under FELA, you may be eligible to recover damages for:

Medical Expenses

This includes past and future costs related to your injury, such as hospital stays, surgeries, medications, and therapy.

Lost Wages & Benefits

FELA covers lost wages from the time of your injury until you can return to work or find a new job. Additionally, FELA covers benefits such as health insurance and retirement plans.

Pain and Suffering

You may receive compensation for the physical and emotional pain and suffering caused by your injury.

Emotional Distress

FELA recognizes the psychological impact of a railroad injury, allowing you to seek compensation for mental anguish, anxiety, and depression.

Disability

If your injury results in permanent disability, you may be eligible for compensation for reduced earning capacity and the cost of ongoing care.

In the event of a death, the spouse and family can recover for pecuniary loss and the worker’s pre-death pain and mental anguish.

Loss of Earning Capacity

FELA can compensate you for future lost wages if your injury prevents you from working at the same level or type of job.

If you’re injured on the job:

Seek immediate medical attention.

Your health is paramount, so prioritize medical care.

Report the injury to your supervisor promptly.

This formalizes the incident and initiates the claims process.

Document the incident and any unsafe conditions.

Take photos, gather witness statements, and keep detailed records.

Refrain from signing any papers from the railroad without consulting with a lawyer.

Railroad companies try to take advantage of injured workers.

Contact Glasheen, Valles & Inderman Injury Lawyers for a free consultation.

Our experienced attorneys can guide you through the legal process and protect your rights.

Remember, you have three years from the date of your injury to file a FELA claim. Don’t miss this crucial deadline.