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Straight
Track #229
"It happened in like it was in slow motion or something. They told me
the track was clear but there was a tank car right in front of me. I
just jumped. I thought I was going to die. I was pretty lucky, though,
‘cause I only had a few bruises. But I haven't been able to sleep since
it happened. I'm driving my wife and kids nuts. I'm afraid to go back to
work. I don't know what to do."
This railroader had "nearly" been killed in a collision. He seemed
physically fine, but he knew mentally something was wrong. He wasn't
aware, though, what to do and what his rights were concerning medical
treatment and his job. Following is the information we passed along to
the railroader and would like to once again share with our readers
concerning Post-Traumatic Stress Disorder.
A life threatening accident can have a seriously debilitating effect
on the way a railroader functions in nearly every aspect of life.
Post-Traumatic Stress Disorder ("PTSD") has become a popular issue in
lawsuits. Probably no diagnosis in the history of American psychiatry
has had a more pervasive effect on the law than PTSD. PTSD is regarded
with less skepticism as the medical community and public gain more
scientific knowledge. Evidence of this can be found in the September
11th tragedy. Surveys conducted after the September 11 attacks indicate
a rise in the number of persons close to the scene who were diagnosed
with PTSD.
What is PTSD?
PTSD requires that the railroader experience an event that involves
actual or threatened death or serious injury to self or others. The law
under the Federal Employers' Liability Act (F.E.L.A.) holds that the
railroader does not have to actually suffer physical impact in order to
maintain a PTSD claim against the railroad. However, the railroader must
be within the "zone of danger," that is, placed in an immediate risk of
physical harm because of the claimed unsafe acts of the railroad.
Typically, the railroader who is diagnosed with PTSD will experience
intense psychological distress when a stressor associated with the
traumatic event is present. For example, an engineer involved in a train
collision re-experiences the collision when he sees another train
approaching. The approaching train is a trigger which causes him to
re-experience the collision through distressing recollections of the
event. This may take the form of dreams, flashbacks, illusions or
hallucinations that make it seem as if the traumatic event is happening
again. Clients diagnosed with PTSD report such things as, "I see it
happening over and over again," or "I wake up at night hearing the
screams in my sleep."
A PTSD victim may try to avoid being around the railroad. He may
avoid the places, people and activities that provide recollections of
the event. This may be accompanied by sleep difficulty, irritability or
outbursts of anger, poor concentration and other significant personality
changes.
PTSD is significant because, although it is treatable, it can last
for decades or even life. In some cases, PTSD prevents the railroader
from working safely and effectively. The railroad work environment is
triggering recollections of the event and psychological distress. This
may make it difficult to return to work. Consequently, PTSD lawsuits
potentially involve substantial lost wage claims. In addition, because
PTSD affects the railroader's relationships, activities, concentration
and enjoyment of life, a railroader may seek damages in an FELA lawsuit
for emotional pain and suffering.
What you need to know about PTSD
First and foremost, if you, a loved one, co-worker or friend are
having difficulty coping with a life threatening accident, it is
important to make an appointment for an evaluation with a psychologist
experienced in treating PTSD. Medications and therapy can be effective
in treating PTSD. The treating psychologist will perform a comprehensive
evaluation in order to establish a formal diagnosis of PTSD. The
diagnosis should conform to the diagnostic criteria set forth in the
Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). It is
also important that the treating psychologist be able to provide a
credible and understandable link between the psychiatric symptoms and
the cause of these symptoms (i.e., a traumatic, life-threatening event
experienced while working for the railroad). Therefore, it is crucial
that the PTSD victim provide a complete history of the manner in which
he perceived the life-threatening event, the "stressors" or "triggers"
associated with emotional distress and the impact on his life.
We find it helpful in PTSD cases to combine the treating
psychologist's testimony with that of a qualified psychiatric expert.
Presenting a PTSD case to a jury is a difficult task that requires
experienced legal counsel. The difficulty in presenting a PTSD case to a
jury is compounded when there are issues of criminal history, alcohol or
drug use, social or relationship difficulties, present or past physical
conditions that could cause current symptoms, and any involvement in
unrelated suits or disputes. A common strategy among railroad defense
attorneys is to contend that the railroader's emotional problems are due
to other events or conditions. The railroad's attorneys will hire their
own evaluating experts to dispute the PTSD diagnosis, and the causal
relationship between the traumatic event and the psychological symptoms.
Railroad defense counsel may argue that a jury verdict should be reduced
to the extent that other problems or conditions caused the railroader's
psychological condition. These are some of the pitfalls to a PTSD claim
that only an experienced plaintiff's F.E.L.A. attorney can combat.
In short, PTSD is a complex psychological diagnosis that demands
special care by qualified medical and legal professionals. If you have
any questions or concerns related to this article, please feel free to
contact us at info@hoeyfarina.com or 888-425-1212.
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