Delayed diagnosis or misdiagnosis in nursing homes
Railroad work is unforgiving, and when an injury happens, the rules that apply are different from ordinary New Jersey workers’ compensation claims. Most railroad employees are covered by the Federal Employers’ Liability Act, a federal law that lets injured workers recover money if the railroad’s negligence contributed to the harm. If you’ve been injured in a railroad accident as an employee, our seasoned Jersey City railroad worker injury lawyers are here to help. Contact Lerner, Piermont, Riverol & Lawlor, P.A. for a free initial consultation today.
Railroad workers commonly sustain a wide range of injuries depending on their specific jobs, but the injuries we most frequently see are as follows:
If you’re injured on the job, the first thing you need to do is report the incident to your supervisor as soon as it is safe to do so. Ask your supervisor for a written incident or personal injury report copy for your records. Ensure you immediately seek medical care and tell the provider that the injury happened at work so the mechanism is documented accurately. You may choose your own doctor, and you are not limited to a railroad-referred clinic.
Importantly, you should photograph the scene, the tool or equipment involved, and any visible hazards. Collect the names and contact information of witnesses, and note train symbols, car numbers, job assignments, and times, since these details help reconstruct events later. You should also preserve all gloves, tools, boots, or any other types of equipment you were using in a clean bag, as these items may be used as evidence of defective conditions.
Finally, you should hire a seasoned FELA lawyer who can effectively fight for the compensation you deserve and need to heal.
The Federal Employers’ Liability Act (FELA) is a federal statute that protects railroad employees who are engaged in interstate commerce. It is not a no-fault system like New Jersey workers’ compensation, because the worker must show that the railroad’s negligence played some part in causing the injury, even a small part, and if that link is proven, the railroad is responsible for full tort damages.
Negligence can be a failure to provide a reasonably safe workplace, inadequate manpower, unsafe methods, poor training, missing guards, or violations of safety rules and federal regulations.
In many cases, the Safety Appliance Act and the Locomotive Inspection Act, can simplify fault by establishing a violation when a covered component fails or is out of compliance, which removes the need to debate ordinary negligence. Under FELA, the worker’s own carelessness, if any, reduces the recovery by a percentage rather than defeating the claim outright, which is known as comparative negligence.
The first thing you should do is speak with an attorney who has experience handling railroad injury cases. Your attorney will investigate your case, gather witness statements, secure photos and videos, and send preservation letters to the railroad to protect inspection reports, event recorder data, camera footage, and maintenance records.
Ensure you also follow through with medical diagnoses, specialist referrals, and treatment plans that tie symptoms to the work incident or exposure history. Venue matters, and your case can be filed in a New Jersey state court with jurisdiction over the railroad, or in the United States District Court for the District of New Jersey, depending on facts that include where the injury occurred, where the railroad does business, and where witnesses reside.
Your attorney will draft and file a civil complaint, serve the railroad, and the case proceeds through discovery, which includes written questions, document exchanges, and depositions of you, your workers, and corporate representatives. Settlement discussions happen throughout the case, and many FELA claims resolve through negotiations or mediation after key depositions or medical milestones. If the railroad refuses to pay fair value, your case can be tried to a jury.
A valid FELA claim allows recovery of categories of damages that are not available in ordinary New Jersey workers’ compensation. You can claim all reasonably necessary medical expenses, including hospital care, surgery, prescription drugs, future treatment that your doctors anticipate, and more.
You can recover wage loss from time missed after the injury, and you can pursue loss of future earning capacity if permanent restrictions, chronic pain, or cognitive deficits reduce the type of work you can do or the number of hours you can sustain.
You can also seek damages for physical pain, mental anguish, loss of enjoyment of life, and scarring and disfigurement. Finally, in fatal incidents, qualifying family members can bring a wrongful death claim under FELA that focuses on pecuniary losses, which can include the value of financial support and services the worker would have provided over a lifetime.
Lerner, Piermont, Riverol & Lawlor, P.A. knows how railroad carriers and their claims departments defend these cases, and we build files that stand up in courtrooms and at the settlement table. If you or a family member has sustained an injury as a railroad worker, contact the personal injury lawyers at our firm for a free consultation today.
© 2026 Lerner, Piermont, Riverol & Lawlor, P.A.. All rights reserved. Attorney advertising.
