Railroad & FELA Litigation

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Railroad & Fela Litigation

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Railroad & FELA Litigation

Railroad work is inherently dangerous, and injuries sustained on the job can have long-lasting consequences. If you are a railroad worker who has been injured while performing your duties, you have rights under the Federal Employers’ Liability Act (FELA). Our team of personal injury attorneys is dedicated to protecting the rights of injured railroad workers in Louisiana.

On Track For Justice: SWLA’s Railroad & FELA Experts

The Federal Employers’ Liability Act (FELA) is a specialized area of law that governs the rights of railroad workers. The expert local attorneys at SWLA Injury Attorneys understand the complexities and nuances of FELA, helping clients navigate the legal process to seek compensation. Our knowledgeable lawyers will thoroughly assess the conditions that led to your injuries, fighting tirelessly to secure the compensation you deserve.

How Can We Help You?

SWLA Injury Attorneys will evaluate the viability of your FELA claim, assessing the negligence or wrongful acts of your employer or other parties that may have contributed to your injuries. We work diligently to establish a clear link between the negligence and the resulting harm, positioning you for the most favorable outcome. Our local attorneys provide expert legal guidance, explaining your rights under FELA and advising you on the best course of action. We will negotiate with the railroad company and its insurers to seek fair compensation on your behalf.

Navigating The Complex Crossings Of FELA Litigation

If you are a railroad worker who has suffered an injury on the job, it’s crucial to seek legal representation who understands the complexities of FELA litigation. We understand the physical, emotional, and financial toll that a railroad injury can have on your life. Our team provides personalized representation throughout the legal process, guiding you every step of the way.
Contact our experienced, local personal injury attorneys today for a free consultation. We understand the unique challenges and complexities involved in these cases and have successfully represented numerous injured railroad workers in their pursuit of justice. SWLA Injury Attorneys are here to fight for your rights, navigate the legal process, and help you seek recourse for your injuries.

Railroad & FELA Litigation

What is the Federal Employers Liability Act (FELA)?

The Federal Employers’ Liability Act (FELA) is a U.S. federal law enacted in 1908 to protect and compensate railroad workers who are injured on the job. It provides an alternative to traditional workers’ compensation for railroad workers. Unlike most workers’ compensation statutes, FELA is fault-based, meaning that for an injured worker to receive compensation, they must prove that the railroad company was negligent in some manner that caused or contributed to the injury.

FELA covers a broad range of injuries, including those resulting from accidents as well as long-term or cumulative injuries (like repetitive stress injuries or illnesses from exposure to harmful substances). The compensation under FELA can include past and future medical expenses, pain and suffering, lost wages, and in the event of a worker’s death, benefits to surviving family members.

Who is covered under FELA statutes?

FELA covers most railroad employees, including engineers, conductors, maintenance workers, and others. It applies to certain workers engaged in interstate commerce. It’s worth noting that FELA does not cover independent contractors who operate with substantial autonomy from the railroad, or employees of businesses that operate on railroad property but aren’t involved in rail transportation (like restaurants or retailers in a train station). If there’s uncertainty about eligibility, it’s always recommended to consult with a legal expert familiar with FELA regulations.

How do I prove negligence in a FELA claim?

To prove negligence in a FELA claim, an injured railroad worker must show that the railroad company had a responsibility to provide a safe working environment and failed to do so, leading to the injury. Key evidence includes eyewitness accounts, medical records, safety reports, and any relevant photographs. It’s essential to demonstrate a connection between the railroad’s oversight and the injury suffered. Given FELA’s unique nature, where even partial fault by the railroad can lead to compensation, consulting with a specialized attorney is strongly recommended. Remember, there’s a time limit to file a claim, so starting the process early is crucial to the viability of your claim.

Can I still make a FELA claim if I contributed to my injury in some way?

Yes! Under FELA, even if you contributed to your injury, you may still have the right to make a claim. FELA operates on a comparative negligence system. This means that if a railroad employee is found to be partly at fault for their injury, the compensation they receive will be reduced in proportion to their degree of fault. It’s essential to understand that FELA does not bar recovery based on partial fault, but rather adjusts compensation based on the degree of negligence attributable to the injured party. This system underscores the importance of seeking experienced legal representation when pursuing a FELA claim, as determining the degrees of fault can be complex and subjective.

How long do I have to file a FELA claim?

Under the provisions of the Federal Employers’ Liability Act (FELA), an injured railroad worker typically has three years from the date of the injury to file a claim. If a worker fails to file the claim within this period, they may lose their right to seek compensation under FELA. However, the precise starting point for this three-year timeframe can sometimes be subject to interpretation – especially in cases involving cumulative injuries or long-term exposure. Given this complexity, injured workers should consult with a legal expert familiar with FELA as soon as possible after an injury to ensure all rights are preserved and the claim is timely filed.

What if I am wrongfully disciplined or terminated?

Railroad workers who are wrongfully terminated or disciplined are covered under the Federal Railroad Safety Act (FRSA). The FRSA provides relief and damages for railroad workers who suffer retaliation for injuries, safety concerns, or when railroad managers and/or its medical personnel deny, delay, or interfere with the course of the employee’s medical treatment or for following a treating doctor’s orders or treatment plan. Railroad workers only have 180 days to file from the date the worker knew or should have known the railroad decided to act against them.

Do I need an attorney to file a FELA claim?

While it’s technically possible for an individual to file a FELA (Federal Employers’ Liability Act) claim without an attorney, we do not advise it. The process of filing a FELA claim can be intricate, involving the need to prove negligence on the part of the railroad employer, gather evidence, and navigate the complexities of railroad industry standards. Railroad companies employ dedicated claim agents and have experienced legal teams, and an attorney can help protect your rights and build a strong case.