Have You Been Injured in a Railroad, Train or Subway Accident? These special "FELA" cases require experienced legal representation and are not handled the same way as a typical personal injury case...
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 a 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.
Blog for FELA & Railroad Injury
Library for FELA & Railroad Injury:
- What to Look for in a FELA / Railway Injury Attorney
Description: Are you looking for an experienced attorney to handle your FELA / railroad injury case? Don’t just go with the first lawyer you find – make sure you do your homework, interview a few firms, and ask lots of questions. You might be surprised by some of the answers you get, and in the end a little research will help you make the right choice. - Do you really need a FELA Railway Injury Attorney?
Description: After a railway accident, you may be wondering if you should hire a lawyer. The insurance company says you shouldn’t, but you suspect they aren’t telling you the whole story. The real answer? It depends. Serious accident cases fare much better with an experienced attorney’s help, while minor rail accident claims are often best handled by the victim. - Rail workers deserve compensation for serious spine injuries
Description: Railway work can be dangerous for even the most experienced employees, and every year workers are injured or killed while just trying to do their job. Some injuries can leave workers unable to work as much as they used to, if at all. One serious kind of injury is a spinal cord injury, which can cause full or partial paralysis or other problems with movement or sensation. - Why you need help after a railroad head injury
Description: Given the dangerous nature of railroad work, rail workers can be injured in many different ways. One very serious type of injury that some workers suffer is major head trauma. This can include skull fractures, bleeding brain, contusions, concussion, and more. When combined with other injuries like spinal cord damage, injured workers need all the help they can get from an experienced FELA attorney. - Why your railroad employer doesn’t like FELA
Description: If you’ve been injured while working for a railroad company, you may be wondering why your employer is reluctant to compensate you for your injuries. There are several reasons why railroads don’t like FELA, the federal act that covers injured workers like you when they are hurt on the job. FELA offers a number of protections to hurt rail employees, protections that can cost the railroads big bucks. - Dangerous toxic substances can lead to injury and death for rail workers
Description: Rail workers are exposed every day to dangerous substances like silica dust, benzene, chemical solvents, diesel exhaust, and more. If the proper precautions are not taken, rail employees can be seriously injured or killed by these chemicals. If you are a railroad worker who suspects that you are suffering because of exposure to a hazardous substance, you need a FELA lawyer to ensure you get fair compensation from your employer. - Railway workers: diesel exhaust can lead to respiratory illness
Description: Many railway workers are routinely exposed to hazardous toxins like diesel exhaust. The components of diesel exhaust have been linked to cancer, COPD, asthma, and other respiratory ailments. If you’ve been injured while working for a railroad then it is time to stand up for your rights and get in touch with a lawyer experienced with FELA railway accident cases. - Repetitive motion disorders can permanently sideline a railway worker
Description: Performing the same task day in and day out for years on end is something some railway workers must do to earn a living. However, this kind of repetitive motion can lead to permanent, serious injury if not properly performed. If you believe that you have experienced a repetitive motion disorder, then it is in your best interest to speak with a FELA attorney about your situation. - How railway workers can be injured on the job
Description: As any railroad worker will attest, railway work can be dangerous. There are a wide variety of ways that rail workers can be injured, and all can lead to permanent, debilitating damage. If you’ve been injured while working for a railroad it is important that you protect your rights by speaking with a skilled FELA / railway injury attorney as soon as possible. - Top 6 Aviation Safety Issues
Description: The NTSB maintains a list of “Most Wanted Transportation Safety Improvements for Aviation”, and all but one are rated as having an “unacceptable response” from the agency responsible for making the necessary changes – the FAA. Find out what these six desired improvements are, and what the FAA has been asked to do to make American aviation safer. - Five things you must know if you have a railroad injury case
Description: Railroad injury case? Five things you must know to avoid de-railing your case. - Railroad injury case? Get a Free Special Report and information package sent to your door or emailed to your computer
Description: Board certified attorney Brian Beckcom explains why you may not need a lawyer for your railroad injury case - Myths and Facts about railroad injury cases
Description: Board-certified Texas railroad injury attorney uncovers myths about railroad accident cases and reveals the truth that the railroads may be hiding - Am I required to hire a union lawyer or "Union Designated" lawyer for my railroad injury case?
Description: Railroad attorney Brian Beckcom explains why you are NOT required to hire a union lawyer or "union designated" lawyer for your FELA or railroad injury case. View All
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