What happens and who may be responsible
A traumatic brain injury, or TBI, can result from a direct blow to the head, rapid acceleration or deceleration, or an impact that causes the brain to move inside the skull. In railroad work, these injuries may occur during switching operations, falls, equipment failures, collisions, or struck-by incidents.
Depending on the facts, responsibility may involve:
- Unsafe switching or train movements
- Defective equipment
- Falls from locomotives, railcars, or elevated work areas
- Inadequate lighting or walking surfaces
- Failure to secure equipment
- Poor crew communication
- Unsafe work methods
- Inadequate training or supervision
The Federal Railroad Administration (FRA) requires railroads to identify the nature and location of employee injuries when reporting qualifying incidents, including injuries involving the head or face.
How FELA applies here
A traumatic brain injury does not automatically establish railroad negligence. A FELA claim requires evidence that negligence by the railroad or its employees, or unsafe railroad equipment, contributed in whole or in part to the injury.
The investigation may examine how the incident occurred, whether the worker had a safe place to work, whether equipment was functioning properly, whether appropriate procedures were followed, and whether the railroad knew or should have known about the hazard.
Safety bulletin
Suffered a Head Injury on the Railroad? Do this now.
1
Get medical attention
Head injuries are not always obvious immediately. Seek appropriate medical care and report symptoms such as headache, dizziness, confusion, nausea, vision problems, memory changes, or loss of consciousness.
2
Document how the injury happened
Record the equipment, location, witnesses, working conditions, and events immediately before the impact or fall.
3
Talk to a FELA lawyer before signing important documents
Statements, releases, authorizations, or other paperwork may affect your rights after a serious railroad injury.
Common issues in traumatic brain injury cases
- Falls from locomotives or railcars
- Struck-by incidents
- Train collisions
- Derailments
- Unsafe walking surfaces
- Defective ladders, steps, or handholds
- Unexpected equipment movement
- Poor lighting
- Inadequate fall protection
- Unsafe work methods
- Failure to secure equipment
- Inadequate warnings or communication
Effects of traumatic brain injuries
A TBI can affect far more than the initial injury and may lead to:
- Headaches
- Memory problems
- Difficulty concentrating
- Dizziness or balance problems
- Vision changes
- Sleep problems
- Sensitivity to light or noise
- Mood or personality changes
- Cognitive impairment
- Inability to return to railroad work
What a traumatic brain injury case may be worth
The value of a FELA claim depends on the severity of the brain injury, medical treatment, long-term cognitive or physical limitations, the ability to return to railroad work, lost earnings, future care needs, and evidence of railroad negligence.
There is no standard value for a traumatic brain injury claim. Serious cases should be evaluated based on the worker’s actual medical, employment, and liability evidence.
Evidence that may matter
Important evidence can include:
- Medical and neurological records: These may document diagnosis, symptoms, treatment, cognitive changes, and long-term limitations.
- Photos and video: Images can preserve the condition of the equipment, work area, or hazard involved before conditions change.
- Witness statements: Coworkers may provide important information about the impact, loss of consciousness, confusion, or changes observed immediately afterward.
- Incident and injury reports: These can help establish when, where, and how the injury was reported.
- Equipment and inspection records: Maintenance or inspection documents may be relevant when defective equipment contributed to the incident.
- Work and wage records: Employment records can help document missed work, restrictions, and whether the injury affects future earning capacity.
For further information regarding Traumatic Brain Injuries, visit our main site.