FELA Railroad Injury Causation Standard

FELA Railroad Injury Causation Virginia West Virginia Washington DC

Railroad employees should celebrate the recent Supreme Court case of CSX v.McBride. The case upheld the causation standard used in FELA injury cases. The railroad argued unsuccessfully that proximate cause should be the rule. Instead, the court kept in place a causation in the slightest standard. Essentially, this standard is a "but for" causation analysis for determining if a railroad worker should recover for an on the job injury. The significance of this FELA ruling is that railroad employees can continue to make claims and recover for injuries that are remotely caused by the railroad's negligence. For instance, if the lighting in the railroad employee's workplace is problematic, this factor alone can engender a recovery.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro