April 1, 2015- Richmond, Va.
A CSX employee was fatally struck by a train at the Acca rail yard at approximately 3:00 AM this morning.
According to NBC 12 news, the man was pronounced dead at the scene. No other information about the incident have been made available.
Generally, Virginia workers’ compensation laws provide benefits for employees who are killed on the job. These benefits include payment of burial expenses and lost wages to surviving family members. A deceased employee’s surviving spouse, any children under the age of 18, children under the age of 23 who are enrolled full time at an accredited college or university, and other qualifying dependents may also be entitled to wage loss benefits.
However, railroad employees are afforded additional protections and benefits under the Federal Employers’ Liability Act (FELA). FELA provides engineers, brakemen, switchmen and other railroad employees the right to sue for on-the-job injuries in state or federal courts.
Unlike state workers’ compensation laws, damages under FELA are based on individual loss, including lost wages (past, present and future), pain and suffering and loss of enjoyment of life. FELA also provides compensation to surviving family members in the event of a railroad worker’s death.
FELA cases, unlike claims for workers’ compensation, require a showing that the railroad negligently caused an employee’s injury or death. This means that in order to win under FELA, there must be a demonstration that the railroad failed to provide a reasonably safe place to work.
If you or a loved one was injured or killed while working for a railroad company, federal law prevents you from collecting for your injuries if you wait more than three years to file a lawsuit. Contact the attorneys at ReidGoodwin as soon as possible to complete your free legal evaluation.