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And I’m FELA-ing (Mentally) Good
Physical injuries, like broken bones and herniated discs, likely first come to mind when you think about common railroad injuries; however, the stresses and dangers of railroad work do not just endanger the physical health of railroaders. Railroad unions, government regulatory agencies, and medical professionals have recognized that stressful work environments, precision scheduled railroading (discussed in our last volume), inconsistent work schedules, dangerous work conditions, and other realities of railroad work have created significant threats to railroaders’ mental health. For example, railroaders face substantial risks of suffering from acute stress disorder, post-traumatic stress disorder, substance abuse disorder, chronic fatigue, anxiety, and depression. (See: https://www.recoveryways.com/rehab-blog/mental-health-concerns-and-addiction-risk-of-railroad-employees/).
Railroaders often wonder whether they can make a legal claim under the Federal Employers’ Liability Act (FELA), the only remedy for railroaders injured on the job, if they have experienced or are experiencing one of these medical issues or another mental or emotional injury because of their work on the railroad. Unfortunately, courts have held that railroaders cannot make such claim unless they have also sustained a physical injury. In those cases in which a railroader has sustained a physical injury, his or her claims for mental and emotional suffering are part of the damages from the physical injury. In other words, a railroader can recover pain and suffering damages as part of his or her damages for an on-the-job physical injury, but he or she cannot otherwise recover for mental or emotional injuries caused by things like general work-related stress or sleep disorders developed due to an inconsistent and overly demanding work schedule.
The only time a railroader could recover for purely mental or emotional injuries under the FELA is in the highly unusual situation where a railroader shows that he or she was in the “zone of danger” of a physical impact, such as during a collision at a crossing. In that rare situation, a railroader could recover for the emotional and mental suffering that he or she experienced due to the fear of suffering imminent harm in the crossing accident.
Proving a claim for on-the-job physical injuries can be deeply complicated, and it can be even more difficult to establish all the ways that a physical injury has also harmed a railroader’s mental or emotional health. Considering the potentially complicated nature of FELA claims, one of the best ways to protect your rights, health, and livelihood is to promptly contact a member of Schlichter Bogard & Denton’s national award-winning railroad injury team if you have sustained a physical injury due to your railroad work. For more information, and to submit a request to speak to an attorney, please visit our website at www.uselaws.com/railroad-injury-claims.
Article by Matt Strauser, Associate
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The information contained in this newsletter is provided for informational purposes only and does not constitute legal advice. Reading this newsletter and information contained herein does not constitute formation of an attorney-client relationship. Every potential case must be assessed in accordance with its unique facts and circumstances. If you believe you may have a legal claim, please request a free, confidential case evaluation with our team today.