Working in the Minnesota railroad industry is inherently more dangerous than other industries because of the nature of the industry itself. This is due to the fact that there is a disproportionate mismatch between railway locomotives and the human body. When they come into conflict, the human body does not stand a chance, the locomotive will always win out.
As a result of railroad workers acquiring serious injuries and being killed while on the job, Congress was motivated to draft and pass the Federal Employers’ Liability Act in 1908. Serious Injuries and workplace deaths that were not properly compensated had extreme adverse effects on injured, dead workers and their families.
In order to have a viable FELA case that can recover damages, an injured railroad worker must be able to furnish evidence that establishes three key points. First, that any injuries that a railroad worker has incurred were sustained while on the job. Second, that the railroad company that is employing the worker was engaged in interstate commerce between at least two states at the time the injury occurred. Third, that the railroad company was either directly responsible for the injuries or had contributed in some manner to the employee sustaining said injuries.
It is important to note a worker does not have to injure a previously uninjured part of their body. If a preexisting previous injury is aggravated while on the job then that is considered a new injury under FELA. Navigating the legal process can be an arduous and often time’s onerous undertaking. Our experienced staff at Bremseth Law firm can help those injured while working on the job for the railroad. We are familiar with such complex cases and provided with your legal options.