FELA & Railroad Injury Attorney
In the early 1900s, railroad workers were suffering personal injury and death at an astonishing rate. The public was angry, and they demanded that railroad workers, and their widows and kids, be protected under the law.
The United States Congress responded. In 1908, the Congress passed
The Federal Employers' Liability Act (FELA) in an effort to protect injured railroad workers.
The law protects injured railroad workers. For example, the law protects:
- Engineers
- Brakemen
- Switchmen
- Other railroad employees who are hurt on the job
The law has continued to grow and evolve, both in efforts by Congress and the Federal Courts, to provide strong protection to injured railroad workers and their families.
FELA Is Not Like Other LawsUnlike state worker's compensation laws, or state-based negligence laws, FELA is different. You must show negligence to win your case under FELA, unlike worker's compensation laws, which are basically no-fault.
You must show, basically, that the railroad failed to provide a safe place to work.
You Are Not Required to Hire A Union AttorneyIf you are hurt while working for the railroad and are considering hiring an attorney, you may not know that you are not required to hire a union-designated attorney. In fact, there may be many reasons why you would want to hire a non-union attorney to handle your claims.
If you choose to work directly with the railroad's insurance people or claims agent, chances are very good that you will be pressured to make a quick settlement that is both cheaper and less fair to you than a settlement negotiated by an experienced attorney.
However, if you do choose to try to settle your own case, make sure that you do plenty of research about case values and fair settlements before you do. Otherwise, you are almost certain to get a bad settlement.
Common Injuries to Railroad WorkersThe railroad industry, and many of the jobs in the industry, are just inherently dangerous. You are working with lots of moving parts and heavy machinery and are under constant pressure to get the job done faster and more efficiently, often by cutting corners on safety.
This is recipe for injury. And unfortunately, all too often, that is exactly what happens.
Common railroad worker injuries include:
- Hearing loss
- Back and neck injuries
- Chemical and asbestos exposure injuries
- Lifting injuries
- Shoulder and knee injuries
- Amputations
- Burns
- Slips, Trips, and Falls
- Exposure to toxic solvents
Access to a Board Certified Personal Injury Attorney Throughout Your CaseThe attorneys at our firm do not handle a huge number of cases. They handle a smaller number of legitimate, serious injury and wrongful death cases.
That means they have more time for your case. And it means you will have a Board Certified Personal Injury Attorney working personally on your case, from start to finish.
It also means that you will actually get to talk to your attorney personally whenever you need to, rather than talking to some junior level associate or receptionist all the time.
The bottom line is you will get better, quicker, more reliable service and will know the status of your case from start to finish. That will enable you to rest comfortably knowing your case is being handled properly.
Some Important Things You Must Know If You Are Hurt On The JobThe following are some very important things you must know if you are hurt working for the railroad:
- You must report your injury. You must fill out an injury report if possible.
- When you fill out the report, make sure you list anything that could have contributed in any way to your injury. FELA requires a fault finding, so if you don't include all contributing causes, the report may later be used against you.
- Tell your co-workers you were hurt and ask them to be your witnesses.
- You are not required to see the company doctors. In fact, you should strongly consider seeing your own doctor so you can get an independent evaluation of your claims.
- Keep track of all your lost wages, out-of-pocket expenses, gas mileage, travel costs, and other ways the injury has affected you, both financially and personally.