Rhode Island FELA Railroad Injury Attorneys & Providence FELA Railroad Injury Attorneys

At the dawn of the 20th century, railroad workers were experiencing an alarming rate of personal injury and death. Due to public outcry, Congress passed the Federal Employers' Liability Act (FELA), 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 statute that now protects railroad workers not only in Providence, Rhode Island, but 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 employer was negligent. Thus, the injured worker must generally be able to prove that the railroad failed to provide a safe workplace.

However, there are special areas in FELA that act like strict liability, for example where a defective or broken object or condition at the workplace injures someone on the job.  Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Providence railroad injury attorneys and Providence County railroad injury attorneys represent a variety of different railroad workers in Providence, Rhode Island railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.

What types of railroad injury victims can a Providence Railroad Injury Attorney help?

Providence, Rhode Island railroad injuries occur every day. If you or a loved one has been injured or killed while working for a railroad in any of these capacities, don't hesitate to contact a Providence FELA attorney regarding your claim for legal compensation and damages.

All types of railway workers come under FELA's compensation scheme, including:

• Engineers
• Maintenance of way workers
• Brakemen
• Firemen
• Switchmen
• Welders
• Maintenance workers
• Mechanics
• Conductors
• Signalmen
• Yardmasters
• Other railroad workers

What types of claims does a Providence Railroad Injury Attorney commonly pursue?

Railroad related work is inherently dangerous and has produced countless Providence railroad accidents and injuries over the years. Providence FELA lawyers handle cases involving all sorts of railroad-related injuries. Common railroad injuries include, but are not limited to:

• Hearing loss
• Back and neck injuries
• Chemical and asbestos exposure
• Exposure to toxic solvents
• Respiratory illnesses due to inhaling diesel exhaust
• Injuries due to heavy lifting
• Shoulder injuries
• Knee injuries
• Repetitive motion disorders
• Limb Amputation
• Burns
• Slip & Fall or Trip & Fall
• Electrocution
• Traumatic brain injury
• Bone fractures
• Crushing injuries
• Other injuries from heavy machinery

Providence FELA attorneys can help you pursue a claim for railroad workers' compensation under FELA if you have been injured in any of these ways.

What must a Providence railroad worker prove to maintain a successful FELA action?

To determine whether you qualify as a FELA railroad worker, please contact one of the Providence FELA lawyers on this site. An injury victim, whether in Providence, RI, Providence County, a surrounding Rhode Island county, or anywhere else in the country, must meet three basic requirements to recover damages under FELA'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.  As noted above, this requirement generally looks for some sort of negligence on the railroad company's part.

Providence railroad workers involved in accidents are entitled to monetary damages under FELA, and a Rhode Island railroad injury attorney will work hard to get the maximum compensation possible. Call a Providence FELA lawyer today for help pursuing your claim.

What types of damages are recoverable under FELA's compensation scheme?

In a FELA case, Providence railroad injury victims can hope to recover the following:

• Past and future medical expenses (including hospitalization expenses)
• Past and future lost wages
• Past and future pain and mental suffering
• Past and future disability

Keep in mind that recovery under FELA is granted in place of recovery under state workers' compensation statutes, and that no double recovery is permitted. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than according to a pre-determined benefits schedule, such as that used in ordinary workers' compensation cases.

For more information on general personal injury damages, visit our damages page. A Providence FELA attorney will be able to explain what types of compensation you may be entitled to and get you the maximum recovery possible.

How long do you have to file a claim under FELA? What is the applicable Statute of Limitations for Rhode Island railroad injuries?

FELA places a time limitation on the filling of claims that dates three (3) years from the date of the accident or injury. Because it is al federal law, FELA's statute of limitations applies to Providence, RI railroad accident cases just as it does to all railroad injury cases across the nation. This means that if you are a Greater Providence railway accident victim, you must file your claim within three years from the time you were injured.

It should also be noted that when a Providence railroad injury is caused by repetitive stress or is an occupational injury that occurred over a period of time, the limitations period begins to run when the worker knew, or reasonably should have known, that he or she was suffering from an injury related to their work for the railroad. To preserve your legal rights, you should contact a Providence railroad injury attorney well before this three-year period has expired.  

Are Providence and Providence County, RI railroad workers eligible for any other type of compensation?

Although railroad workers injured in a Providence 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 Providence 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. Some of the RRB's functions include administering retirement, survivor, and disability claims for railway workers and their families (including spouses and minor beneficiaries).

A Providence area railroad employee is eligible for these benefits if he or she has enough "time-in," which means 120 or more months of service for the railroad. In some cases, an employee with 60 or more months of service may file a claim with the RRB; however, any employee with less than 60 months must file with the SSA. As with SSA disability benefits, it is important to have a well-qualified and experienced Providence injury attorney to manage and process your claim through the bureaucratic process.

For more information regarding railroad disability benefits through the RRB, consult the U.S. Railroad Retirement Board's website.

What are important steps Providence railway injury victims should take after being injured while working for a railroad?

1. Report the injury to your employer by completing an injury report.
2. List all relevant details in the report, including any condition or other factor that could have contributed to the injury in any way. This is particularly important because FELA, unlike other worker's compensation claims, is fault-based and requires a finding that the railroad was negligent in some way. If you don't include all contributing causes when you fill out the accident or injury report, it may later be used as evidence against you.
3. Discuss your injury with your co-workers and ask them to be a witness for you at trial, if necessary. Also, ask them to record their observations as soon as possible after the accident occurs.
4. See a doctor. You are not required to see a company doctor and should see your own doctor to get an independent and unbiased assessment of your injuries.
5. Keep accurate records of lost wages, expenses, travel costs, and other financial costs related to the injury. Where possible, keep copies of all receipts.  
6. Maintain logs of your discomfort and physical symptoms resulting from the injury and make sure to inform your doctor of these symptoms.  
7. Contact one of the experienced Providence railroad injury attorneys listed above for a free initial consultation.
    

FELA Railroad Injury Lawyers Serve Metro Providence and Surrounding North Rhode Island Communities

Serving clients throughout Eastern New Hampshire, including Allenton, Ashaway, Attleboro, Bayside, Boston, Bradford, Cambridge, Chepachet, Cranston, Cumberland Hill, East Greenwich, Exeter, Fort Ninigret, Greenville, Harrisville, Hartford, Hope Valley, Kingston, Misquamicut, New Haven, Nooseneck, North Scituate, North Swansea, Pawtucket, Perryville, Providence, Rumford, Shannock, Springfield, Usquepaug, Valley Falls, Wakefield, Warwick, Washington, West Warwick, Westerly, Wood River Junction, Woonsocket, Worcestor, areas in the vicinity of Theodore Francis Green Memorial State Airport, and other communities in Providence County.

Contact one of the qualified Providence FELA attorneys listed on this page today for a consultation regarding your claim.