A New Jersey appeals court has reinstated a railroad worker’s claim for benefits from a job-site incident that allegedly caused emotional distress but no physical injuries.
The Federal Employers Liability Act compensates railroad workers for physical injuries, or for emotional distress claims that meet the “zone of danger” test. That test allows claims under the Federal Employees Liability Act by people who are placed in immediate risk of physical harm by a defendant’s conduct, but escape physical injury.
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