FELA Lawyer is available to assist railroad workers in filing their FELA claims and in Railroad Injury Litigation in a FELA Lawsuit. Talk to a Railroad Injury Attorney with years of personal injury & wrongful death litigation experience. If you or a loved one have been injured, talk to a lawyer at 1-800-883-9858 or Click Online for a Free Confidential Consultation
Have you or a loved one been injured in a railroad-related job injury? As we all know, employment on the railroad and injuries while working for the railroad are unique due to the nature of the job, and the special risks & dangers associated with railroad employment. If you are work for the railroad and have been injured on the job, then you may file a FELA Claim. FELA states for Federal Employers’ Liability Act (FELA) first enacted in 1908. The dual purpose of FELA is to (1) assure employees of the railroad a safe work place and (2) provide such railroad employees and their families the right to recover workman’s / worker’s compensation if railroad worker is injured or killed in a railroad accident. Whether you worked for the railroad as an engineer, brakeman, fireman, switchman, engineer, maintenance of way worker, conductor, signalman, yardmaster, or other railroad job, then you may be entitled to file a FELA Claim for legal compensation and damages for your Railroad / FELA injuries.
A railroad worker’s FELA Claim can be filed for on the job railroad injury such as broken bones, musculoskeletal injuries, dismemberment, paralysis, herniated disk, SCI, TBI, carpal tunnel syndrome, leukemia caused by benzene exposures on railroads, back injuries, ballast-related lifting injuries, hearing loss, slips, falls, tripping, lung damage, railroad asbestos exposure causing mesothelioma, silicosis exposure, toxic exposures, respiratory conditions, and head / brain damage and a wrongful death FELA lawsuit. The FELA Act provides a railroad worker compensation for railroad injuries and legal damages such as medical expenses lost wages, pain and suffering, and partial or permanent disability. For more information regarding what to do if you have suffered a railroad –Click Here for more information on FELA Injury.
FELA claims are dealt with differently than other personal injury and on-the-job injury claims. While FELA grants special protections to railroad workers, the FELA claims process also demands specialized handling. Filing a FELA Claim a lawyer must properly address burden of proof, strict liability, causation and negligence standards unique to FELA law. The FELA claims process can be tricky and the attorney must be careful, specific in correctly wording the FELA claim. It requires the knowledge and expertise of an attorney familiar with FELA litigation to protect the rights of a injured railroad worker. For more information on making a FELA claim, click here > FELA Claims and Lawsuits.
If you have suffered an on the job railroad injury as a result of unsafe work conditions and premises, unsafe practices, unsafe or dangerous railroad co-workers, broken and worn tools, faulty equipment of any kind, or violation of safety acts and regulations, seek medical attention immediately from the doctor of your choice. The railroad will then require you to complete an accident report – a document that is absolutely vital to proving your claim against the railroad. For more information on the Filing a FELA Accident Report.
It is imperative that during this time you know your rights. The railroad claims department or railroad claims adjuster will be working hard to minimize the value of your claim, so you need a lawyer on your side who is working to make sure your FELA injury claim is treated fairly and that you receive the full compensation you deserve. For more information on your FELA legal rights as an injured railroad worker under the FELA Act, then click here> Know Your Rights under FELA Act.
If you or a loved one were injured in a railroad-related accident, you should contact an attorney who is knowledgeable in FELA claims. Injured railroad workers and their families need legal assistance to protect their rights. The Willis Law Firm, with principle offices in downtown Houston, Texas, is familiar with the Federal Employers’ Liability Act (FELA) and is privileged and proud to represent injured railroad workers. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. He is licensed in Texas and in New York. Call 1-800-883-9858 for a Free Confidential FELA Case Evaluation or FELA Injury Evaluation Online Nationwide Assistance is Available.
Prior to the enactment of FELA an injured railroad worker could be denied compensation if he was even slightly to blame for his accident. Since 1908, the Federal Employers’ Liability Act (FELA) has made it possible for railroad workers such as flagmen, brakemen, switchmen, engineers, maintenance of way workers, conductors, signalmen, yardmasters, and other laborers, and their families to be compensated for railroad-related injuries that are caused by any negligence (no matter how slight) on the part of the railroad.
Workers who are injured as a result of negligence by the railroad, its officers, employees or subcontractors, workers who are injured by the railroad’s failure to provide a safe work place, tools, equipment or appliances, and workers who are injured by the railroad’s violation of various safety act requirements are entitled to compensation under FELA.
When an accident and injuries are caused by defective appliances such as couplers, power brakes, grab irons and draw bars, the railroad may be liable under The Safety Appliance Act for the injured worker’s damages without the worker being required to prove that the railroad was negligent. Similarly, if locomotives and tenders that are not in proper and safe condition are the cause of injury to a railroad worker, the railroad may be in violation of The Boiler Inspection Act and thus liable for the worker’s damages without the need to prove negligence.
Federal and state laws protect you so that hiring an attorney will never place your job at risk. FELA lawsuits can be filed in state or federal courts. Your attorney can determine which court is best for your particular case. Regardless of where it is filed or even the severity of the injury, your claim should be brought as quickly as possible. While you have three (3) years (FELA Statute of Limitations) from date of injury to file a lawsuit, delay in doing so can create serious impediments to proving your case and obtaining maximum compensation. Passage of time can wreak havoc on the recollections of witnesses, and evidence can be weakened or lost.
Negligence of the railroad, the nature and extent of your injuries and damages, and your own credibility and safety reputation will play a role in determining how much your claim is ultimately worth and the compensation to which you are entitled.
Under FELA, injured railroad employees can seek fair and full compensation for wage loss, medical expenses, pain and suffering, and disability. In a wrongful death lawsuit under FELA. the railroad worker’s survivors or surviving family may be able to recover for damages suffered as a result of their loved one’s death, including loss of monetary contributions and loss of support, counsel, comfort and aid.