FELA Railroad Injury Attorneys & FELA Railroad Injury Lawyers
FELA Railroad Injury Lawyers | Amtrak Injury Lawyer | Union Pacific Injury Lawyer
In the 19th and early 20th centuries, railroad workers were experiencing an alarming rate of personal injury and death. Due to sustained public outcry, Congress passed the Federal Employers' Liability Act (FE) in 1908 to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. FELA is a federal government statute that now protects railroad workers across the nation.
As a general matter, FELA provides compensation to railroad workers injured on the job. Unlike general worker's compensation claims, which are generally "no fault," FELA establishes a fault-based system in which the injured worker must show that the railroad employer was negligent. Thus, the injured worker must generally be able to prove that the railroad failed to provide a safe workplace. Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Some rail workers might not be covered by FELA, especially those who work for companies who do not own trains or tracks. railroad injury attorneys and railroad accident lawyers represent a variety of different railroad workers in railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.
Which types of railroad injury victims can a railroad injury attorney help?
All types of railway workers come under FE's compensation scheme, including:
|Maintenance of way workers
|Other railroad workers
, railroad injuries occur frequently. If you or a loved one has been injured or killed while working for a railroad in any of these capacities, do not hesitate to contact a FELA attorney regarding your claim for legal compensation and damages. The law can be complicated and hard to understand, but an Railroad Lawyer can help you get justice.
What types of injuries does a railroad injury attorney commonly pursue?
Railroad related work is inherently dangerous and has produced countless area railroad accidents and injuries over the years. Common railroad injuries include, but are not limited to:
|Respiratory illnesses due to inhaling diesel exhaust
|Repetitive motion disorders
|Back and neck injuries
|Injuries due to heavy lifting
|Traumatic brain injury
|Chemical and asbestos exposure
|Exposure to toxic solvents
|Slip & Fall or Trip & Fall
Designated Legal Counsel (DLC) and non-DLC FELA Lawyers Practice the Same FELA Law
In most instances, the injured railworker is a member of a union. Unions such as the Brotherhood of Maintenance of Way (BMWE), the Brotherhood of Locomotive Engineers (BLE), both of which are under the Brotherhood of International Teamsters (BIT), have large numbers of workers in the rail industry. Other Unions include:
- American Train Dispatchers Department Brotherhood of Locomotive Engineers ATDA
- Brotherhood of Railway Signalmen BRS
- International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers IBB
- International Brotherhood of Electrical Workers IBEW
- National Conference of Firemen and Oilers of SEIU IBF&O
- Sheet Metal Workers' International Association SMWIA
- Transportation Communication Union-Clerks TCU-BRAC
- Transportation Communication Union-Carman TCU-BRC
- United Transportation Union UTU
Whatever your Union, more than likely they will have a designated union counsel. These DLC firms practice FELA law. There are many other law firm that do not have Union designation and they also practice FELA law. In every instance when you are injured a claims agent will try to immediately take a statement from you. You should definitely speak to a Lawyer, DLC or Non-DLC, before you give a statement to a claims agent.
What must a railroad worker prove to maintain a successful FELA action?
An injury victim must meet three basic requirements to recover damages under FE's compensation scheme. First, the accident must have occurred in the course and scope of employment for the railroad. This does not mean that the accident must have happened on property owned by the railway, so long as the injury is sustained in the furtherance of the worker's employment-related duties. Second, the railroad must be engaged in interstate commerce between at least two states. This requirement is broadly interpreted and is almost always satisfied. Third, the railway must have caused or contributed to the injuries sustained. railroad workers involved in accidents are entitled to monetary damages under FELA, and a railroad injury attorney will work hard to pursue the maximum compensation possible. Call a FELA lawyer today for help pursuing your claim. FELA claims often do not apply to local railroads.
Are or railroad workers eligible for any other type of compensation?
Although railroad workers injured in a railway accident can recover for job-related injuries under FELA, they may also be entitled to other disability benefits in some cases when they are disabled on the job or as the result of a non-work related disability. Contact one of the experienced railroad injury attorneys on this page for an explanation of the compensation you may be entitled to under both FELA and other disability benefits laws.
One way you might be entitled to additional compensation is through the United States Railroad Retirement Board (RRB), which is a co-equal agency to the Social Security Administration (SSA) and is headquartered in Chicago, Illinois at 844 N. Rush Street, Chicago, Illinois 60611. For more information regarding railroad disability benefits through the RRB, consult the U.S. Railroad Retirement Board's website.
Contact a FELA Attorney or an Rail Lawyer today to get the justice you deserve!
Only a Rail Injury Lawyer can best explain how law applies to your case.
FELA injury attorneys work representing persons that work for Union Pacific, UP, AMTRAK, Burlington Northern Santa Fe, BNSF, and other short line railroads.