FELA, or the Federal Employment Liability Act assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident. Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits have been filed under FELA.
Hearing loss
Railroad workers who are exposed to hazardous auditory working conditions can develop temporary or permanent hearing loss. Hearing loss risks are so great for railroad employees that the government has established noise level standards to reduce the threat of hearing loss for these workers. The government has long been concerned about the safety conditions in the railroad industry.
In 1908 the United States congress passed the FELA, or the Federal Employers Liability Act. The FELA allows a railroad employee who has been injured on the job to file a lawsuit against his/her negligent employer for damages. The injured railroad worker must prove that their employer's negligence contributed, in whole or part, to their injuries. Workers who have developed hearing loss in the course of railroad employment may be eligible to seek relief through a FELA lawsuit.
The FELA also encourages railroad companies to enact and enforce stringent safety standards to protect workers from injuries like hearing loss. Under the FELA, railroad employers have the legal duty to provide safe and proper equipment, tools, working conditions, training, supervision, and assistance. When an employer fails to uphold these duties and employees suffer, the former can be held accountable for these damages.
Hearing loss is a major threat to any railroad worker, particularly those who work primarily outside of the locomotive cab or those who work in sub-standard conditions. In 1980 the federal government established hearing loss prevention safety standards for the railroad industry. In 2004, these standards were revised to include stronger protections against hearing loss in the railroad industry. The Federal Railroad Administration implemented new rules in June 2004 that would reduce needless noise exposure and hearing loss risks for railroad workers.
The new safety standards include noise level limitations and mandatory noise monitoring protocol to be followed by railroad employers. Railroad companies must also put into action a hearing conservation program for employees who are at a higher risk for hearing loss. Studies have found that the threat of hearing loss in high risk occupations can be effectively assessed and mitigated before workers actually develop hearing loss injuries.
When a railroad worker does develop hearing loss, there are tests that can be conducted to determine if work conditions are the cause. Because hearing loss in railroad workers is a preventable injury, employer negligence is often the responsible for these damages. A railroad worker who has suffered hearing loss due to employer negligence can seek reparations for medical expenses, loss of income, disability, and psychological suffering through a FELA lawsuit.
If you would like to learn more about compensation for railroad hearing loss, please contact us to speak to a qualified FELA legal expert who can evaluate your case and determine how best to protect and maximize your legal interests in a FELA case.
Please contact us for more information on carpal tunnel and to confer with a FELA attorney to learn your legal rights.
Learn more about other types of railroad injuries and dangers:
- Mesothelioma
- Asbestosis
- Benzene
- Creosote
- Chemical Solvent
- Silicosis
- Carpal Tunnel
- Diesel Fumes
- Lung Cancer, Lung Disease, Lung Injury
- Ballast: Injury to Feet, Ankles, Legs, Spine
- Ballast: Musculoskeletal Disorders (MSDs)
- Back Injuries
- Hearing Loss
- Back Injuries
- Hearing Loss