FELA Attorney

Navigating the aftermath of a railroad injury can be overwhelming for workers and their families. The legal intricacies associated with the Federal Employers’ Liability Act (FELA) require the expertise of attorneys well-versed in railroad worker rights and employer liabilities. 

When a railroad worker is injured, the impact extends far beyond physical pain. These injuries can be devastating, resulting in substantial medical bills, loss of income, and emotional distress.  

The FELA attorneys at Rosenfeld Injury Lawyers are equipped to guide workers through the complex legal process and ensure they receive proper compensation for their injuries. 

Why Hire Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are dedicated to obtaining the highest compensation for clients involved in FELA (Federal Employers Liability Act) cases. Our experienced legal team has a proven track record of handling complex railroad worker injury claims and achieving substantial settlements and verdicts. 

We meticulously investigate every detail to ensure all medical expenses, lost wages, and pain and suffering are fully covered. With our deep expertise in FELA claims, we navigate the intricacies of these cases effectively and fight vigorously for your rights. 

What Is FELA?

The Federal Employers Liability Act is a federal law enacted with the primary purpose of protecting and compensating railroad workers who suffer injuries while on the job. It was established in response to the hazardous conditions and high incidence of injury and death among railroad employees during the early 20th century. 

Unlike workers’ compensation laws, FELA operates on a fault-based system, meaning that injured workers must prove that their injury was caused, at least in part, by the negligence of a railroad employer, its employees, or agents.

FELA Coverage

FELA covers all railroad workers engaged in interstate commerce, providing protection whether they are involved in direct train operations or ancillary roles that support the railroad’s functioning. This includes engineers, conductors, track maintenance workers, signal operators, and other employees who contribute to the railroad’s operations. 

Given the broad range of activities within the railroad industry, FELA ensures comprehensive coverage for a significant portion of the workforce, making it a crucial component of employee protection in this sector.

When to Contact a FELA Injury Attorney

Navigating the complexities of the Federal Employers Liability Act can be daunting for any injured railroad worker. Knowing when to contact an experienced FELA lawyer is critical for ensuring that railroad workers receive the maximum compensation for their injuries. 

Types of Railroad Injuries Covered by FELA

FELA covers a broad range of injuries sustained by railroad workers, ensuring that those who are injured on the job have the legal avenues to seek compensation. If you’ve experienced any of the following injuries, you should consider contacting legal counsel as soon as possible.

• Train Accidents and Derailments: These catastrophic events often lead to severe injury or death, necessitating immediate legal intervention to secure just compensation.
• Exposure to Harmful Substances: Workers can be exposed to hazardous materials like asbestos and chemicals, resulting in significant health issues.
• Repetitive Stress Injuries: The nature of railroad work often involves repetitive motions that can cause long-term musculoskeletal problems.
• Occupational Illnesses: Continuous exposure to dangerous environments can lead to chronic illnesses, demanding comprehensive medical attention and compensation.

Common Railroad Accident Causes

Understanding the indicators of a valid FELA claim can help railroad workers promptly seek legal assistance. Common signs include:

• Unsafe Working Conditions: Hazardous environments that compromise the safety of a railroad worker.
• Inadequate Training or Safety Protocols: Lack of proper training or failure to implement essential safety measures.
• Employer Negligence: Actions or omissions by the railroad company that contribute to the personal injury or illness of the railroad worker.

The Attorney’s Role When Filing a FELA Claim

A FELA lawyer plays a critical and multifaceted role in representing injured railroad workers. Here’s how they can help if you find yourself in this situation: 

Legal Expertise and Specialization

At Rosenfeld Injury Lawyers, we have in-depth knowledge of FELA law and regulations, which is crucial for effectively handling railroad injury claims. We have extensive experience representing railroad workers injured on the job, ensuring that injured individuals receive appropriate legal counsel and recover compensation. 

Investigation and Evidence Gathering

Thorough investigation and evidence gathering are essential to building a compelling case. Our FELA attorneys undertake accident reconstruction to understand the circumstances leading to the injury and review medical records to establish the extent and impact of injuries caused by the railroad accident.

Additionally, interviewing witnesses can shed light on unsafe working conditions or employer negligence. This rigorous process ensures that all relevant information is compiled to support the injured worker’s claim.

Building a Strong Case to Recover Compensation

Proving employer negligence is a cornerstone of a successful claim when recovering compensation. To prove negligence in a FELA claim, it is essential to establish that the employer failed to provide a safe working environment, which directly contributed to the injury. 

This involves demonstrating that the employer’s actions—or lack thereof—deviated from the accepted standard of care, leading to the incident that resulted in general damages. Collecting evidence such as accident reports, witness testimony, and maintenance records can significantly strengthen your case.

Our FELA lawyers also calculate damages, considering medical expenses, lost wages, and other associated costs to ensure the injured railroad worker receives maximum compensation.

Negotiating with Railroad Companies and Insurers

Railroad accidents often involve negotiating with railroad companies and insurers to secure a fair settlement. A pivotal role of our FELA lawyers involves negotiating with railroad companies and their insurers. We advocate for the injured worker, addressing issues related to medical costs, liability, and workers’ comp.

Litigating in Court (If Necessary)

In cases where settlements are unattainable, our railroad industry injury lawyers are skilled at litigating in federal court. Our extensive knowledge of personal injury law, combined with experience in FELA lawsuits, empowers them to argue effectively on behalf of their clients.

By seeking the legal expertise of FELA attorneys, injured railroad workers can navigate the complexities of FELA claims with confidence. Whether it’s a lack of safe working conditions, faulty equipment, or exposure to toxic chemicals, we are dedicated to helping clients recover compensation and attain justice.

FELA Compensation for Railroad Workers Injured on the Job

Understanding the types of compensation available under FELA is essential for injured railroad workers. Unlike traditional workers’ compensation claims, FELA offers a broader scope of damages, potentially providing more comprehensive financial recovery. 

Types of Damages Available Under FELA

The most common types of recoverable damages include:

Past and Future Medical Expenses

FELA allows injured railroad workers to recover the full spectrum of medical bills associated with their injury. This includes immediate costs, such as emergency medical treatment and surgery, as well as long-term expenses for rehabilitation, medication, and any future medical care required due to the injury.

Lost Wages and Diminished Earning Capacity

Injuries suffered on the job may prevent railroad workers from returning to railroad work temporarily or permanently. FELA provides compensation not only for wages lost during recovery but also for diminished earning capacity if the injury results in a long-term or permanent inability to perform previous job functions.

Pain and Suffering

FELA compensates for the physical pain and discomfort that an injured worker endures as a result of their injury. This category of damages aims to alleviate the non-economic hardships that significantly affect the victim’s quality of life.

Mental Anguish and Emotional Distress

Beyond physical injuries, FELA recognizes the psychological impact of workplace accidents. Injured workers can recover damages for mental anguish and emotional distress, including conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the accident.

How FELA Differs from Workers’ Compensation

While both FELA and workers’ compensation provide financial remedies for workplace injuries, there are significant differences between the two systems that affect how compensation is determined and awarded.

Under FELA, the injured worker must demonstrate that the railroad’s negligence played a part in the accident. This burden of proof is lower than in typical personal injury cases, requiring only slight evidence of negligence to establish liability. However, this requires more proof than a workers’ compensation claim, as fault is not required to obtain workers’ compensation benefits.

Potential for Larger Settlements and Verdicts

FELA claims often result in larger settlements and verdicts compared to traditional workers’ compensation cases. This is largely due to the inclusion of non-economic damages such as pain and suffering, mental anguish, and the potential for punitive damages in cases of gross negligence.

Choosing the Right FELA Injury Lawyer

Selecting the appropriate attorney to handle a FELA claim is crucial for ensuring the best possible outcome. The complexities of FELA litigation demand a lawyer with specific expertise and a proven track record in handling such cases. Here’s what you should consider when you’re looking for the right legal representation: 

Experience and Track Record

When choosing a FELA attorney, consider their experience and history of success in FELA cases. An attorney with a substantial background in FELA litigation and a record of successful case outcomes demonstrates their capability to handle the unique challenges these claims present. 

Resources and Network

FELA injury claim lawyers should have access to a network of resources, including railroad safety experts and medical professionals. Strong relationships with these specialists can provide critical insights and evidence to support the claim, enhancing the likelihood of a favorable outcome.

Client-Focused Approach

A compassionate and understanding attorney can make a significant difference in a client’s experience. Clear communication and transparency throughout the legal process are essential elements of a client-focused approach. An attorney who prioritizes the needs and well-being of their clients can provide both legal representation and emotional support during a challenging time.

Fee Structure

Understanding the fee structure is essential when selecting a personal injury attorney handling FELA injury claims. Many attorneys operate on a contingency fee basis, meaning clients owe no legal fees unless a settlement or verdict is achieved in their favor. This “no win, no fee” arrangement ensures that financial barriers do not impede access to skilled legal representation.

Contact a Skilled FELA Lawyer Today!

Taking the first step towards securing your legal rights begins with consulting an experienced attorney. At Rosenfeld Injury Lawyers, our expertise in railroad injury cases can provide you with the guidance and support needed to navigate the complexities of your claim. During the initial meeting, our attorneys will assess your case, discuss potential strategies, and outline the next steps in the process. Prompt action can significantly impact the success of your claim, so do not hesitate to seek professional advice.

Contact us today to recover compensation for your on-the-job injury. Call (888) 424-5757 or fill out our online contact form.