FELA Railroad Accident Lawyers
Experienced FELA Attorneys Representing Injured Railroad Workers and Their Families
FELA Railroad Accident Cases Team Lead
Founding Attorney
Injured railroad employees have clear legal rights under federal law. Spouses, parents, and children who have lost family members in fatal railroad accidents have clear legal rights as well. The Federal Employers’ Liability Act (FELA) applies to the vast majority of workers in the railroad industry, and it entitles workers and their families to recover compensation after accidents on the job.
Our FELA railroad accident lawyers are committed to seeking justice for injured railroaders and their families. We fight to help our clients recover maximum compensation under FELA, and we do so on a contingency-fee basis. If you need experienced legal representation for a railroad accident claim, we can help, and we will not charge you any legal fees unless we win.
The Federal Employers’ Liability Act (FELA): An Overview
The Federal Employers’ Liability Act is a law that applies specifically to railroad employers and employees. While it is often referred to as a workers’ compensation law because it protects injured employees, FELA differs from state workers’ compensation laws in a couple of key respects.
First, while workers’ compensation claims generally only cover injured employees’ medical costs and a portion of their lost wages, workers and families who have railroad injury claims can pursue financial compensation for all losses resulting from their (or their loved one’s) accident. This includes (but is not limited to):
- All costs of necessary medical treatment
- Other out-of-pocket expenses related to railroad workers’ injuries
- Lost wages and benefits
- Pain, suffering, and emotional trauma
- Funeral, burial, and other out-of-pocket costs in wrongful death cases
While most FELA claims involve physical injuries sustained on the job, the law covers occupational diseases and other health conditions as well. As a result, if you (or a loved one) has suffered any type of medical condition as a result of working for a railroad employer, it will be worth speaking with a lawyer about your legal rights. Some examples of the most common catastrophic injuries and serious illnesses involved in FELA claims include:
- Crush injuries
- Injuries caused by faulty equipment
- Medical conditions linked to hazardous substances
- Traumatic brain injuries (including concussions)
- Other conditions resulting from working in a hazardous work environment
The second key difference between FELA claims and state workers’ compensation claims is that FELA claims require proof of negligence. Specifically, they require proof that a railroad’s negligence played a role in a railroad worker’s illness or injury.
While there are a variety of ways to prove negligence—and while negligence can take many different forms—it is up to railroad workers and their families to prove their legal rights. This makes it essential to engage experienced legal counsel as soon after an accident or incident as possible. Once you contact us, our lawyers can launch an investigation immediately, and we will do everything we can to make sure we have the evidence we need to seek the full and fair compensation you deserve.
How an Experienced Railroad Injury Lawyer Can Help After an On-the-Job Injury
If you have questions about your legal rights under FELA, it is important that you speak with an attorney promptly. While FELA protects railroad workers and their families, asserting your legal rights under the law is challenging for various reasons. Here are just some of the ways our railroad accident lawyers can help:
1. Gathering the Evidence Needed to Hold Negligent Railroads and Railroad Companies Accountable
As we discussed above, to pursue compensation under FELA, you must be able to prove that a railroad company’s negligence is to blame for your (or your loved one’s) accident or incident. In railroad injury cases, we work quickly to conduct a comprehensive investigation and gather the evidence we need in order to fight to obtain compensation on our clients’ behalf.
2. Proving the Circumstances Surrounding Your (or Your Loved One’s) Injury, Illness, or Death
Once we have conducted our investigation, then we can use the available evidence to prove the circumstances surrounding your (or your loved one’s) injury, illness, or death. Working in the railroad industry can be dangerous for lots of reasons, but you must be able to prove the specific reason for your (or your loved one’s) accident or incident in order to recover the financial compensation you deserve.
3. Fighting to Obtain Compensation for All Present and Future Losses Covered Under FELA
Railroad employees and their families are entitled to just compensation for all of their present and future losses under FELA. If you have a claim for compensation under federal law, our experienced railroad injury lawyers can document the losses you are entitled to recover and fight for just compensation while you focus on taking care of yourself and your family. While there are no guarantees, successful FELA claims result in out-of-court settlements with railroad employees’ employers in most cases.
4. Taking Your (or Your Family’s) FELA Case to Court if Necessary
If settling isn’t an option in your case, we can take your FELA case to court. We are fully prepared to litigate our clients’ railroad injury cases when necessary, and we can use the available evidence to fight to prove that the railroad’s negligence played a primary role causing your (or your family’s) losses. Taking FELA claims to court requires experienced legal counsel who are prepared to fight for maximum compensation. As we said above, we are committed to doing what it takes to seek justice for our clients.
5. Helping You Make Informed Decisions Throughout the Process
Our attorneys help injured railroad workers and their family members make informed decisions throughout the FELA claim process. From making sure they have the medical records they need to making sure they know how much they deserve to recover, we work hard to ensure that injured individuals and grieving family members feel confident that they are making the right decisions for themselves and their loved ones.
FAQs: What Injured Workers Need to Know About FELA Claims
What is the Federal Employers’ Liability Act (FELA) and How Does It Apply to Railroad Workers?
The Federal Employers’ Liability Act (FELA) is a federal law that protects railroad workers and their families after serious and fatal accidents and exposure incidents on the job. Railroad employees work in some of the most dangerous working conditions in the country, and Congress enacted FELA to help ensure that injured railroad workers and their family members can seek just compensation when necessary. Unlike state workers’ compensation laws, FELA allows injured railroad workers and their family members to seek full compensation for their medical expenses, lost income, pain and suffering, and other losses.
What is the Locomotive Inspection Act (LIA) and How Does It Apply to Railroad Workers?
The Locomotive Inspection Act (LIA) is a federal law that requires railroads to ensure that their trains are in safe and operable condition. Along with FELA, the LIA is one of the most important laws protecting railroad workers in the United States. Railroads that violate the LIA can face steep penalties; and, when their violations lead to injuries on the job, injured railroad workers can seek just compensation under FELA.
What is the Federal Railroad Safety Act (FRSA) and How Does It Apply to Railroad Workers?
The Federal Railroad Safety Act (FRSA) is a federal law that prohibits railroads and other companies in the railroad industry from retaliating against employees who exercise their legal rights under FELA. In other words, it prevents these companies from firing or demoting employees who seek just compensation for on-the-job injuries and illnesses. This means that railroad workers can file claims without fear of retaliation; and, if their employers retaliate against them unlawfully, they can seek additional remedies with the help of an experienced railroad lawyer.
What is the Legal Process for Seeking Financial Compensation Under FELA?
While there are several steps involved in seeking financial compensation under FELA, injured railroad workers should have two main priorities after an accident or incident on the job: (i) they should seek medical attention immediately; and, (ii) they should talk to a railroad injury lawyer as soon as possible. Once you hire an experienced lawyer to represent you, your lawyer will be able to go through the process of seeking just compensation on your behalf.
Do I Need a Railroad Injury Lawyer to File a Claim Under FELA?
While you are not required to hire a railroad injury lawyer to file a claim under FELA, seeking experienced legal representation is strongly recommended for several reasons. It does not cost anything out-of-pocket to hire a lawyer to file your FELA claim, and an experienced lawyer will be able to help maximize your chances of recovering maximum compensation.
Schedule a Free Consultation with a Member of Our Legal Team Today
Do you need to know more about filing a FELA claim? If so, we strongly encourage you to contact us today. To speak with an experienced railroad accident lawyer in confidence as soon as possible, please call 866-781-9539 or request a free consultation online now.
Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.
