If you were injured in a railroad accident while working for or on a railroad, your case will likely fall under the Federal Employer’s Liability Act (FELA). This federal law directs railroads to maintain their fleets, ensuring that their trains are in good working order and free of defect. If a railroad fails to comply with FELA standards, it may be found 100% liable for your damages.
Before FELA was passed in 1908, thousands of railroad workers were killed on the job each year. Unlike other workers, railroaders are usually exempt from coverage under state workers’ compensation. FELA was created to give injured railroad workers their own remedy; and, it allows them to recover damages based on the negligence of a railroad company. FELA defines negligence as the railroad company’s failure to use reasonable care.
How Does FELA Work?
FELA applies the concept of “comparative negligence” to all railroad accident personal injury claims filed under the statute. With “comparative negligence,” even if a judge or jury apportions part of the responsibility for the incident to the worker, the injured worker still recovers the percentage of the monetary award equal to the Railroad’s percentage of negligence. Under the majority of states’ laws, if an injured person is found 51% or more negligent, they recover nothing.
Under current FELA law, the damages an injured railroad worker may receive include medical treatments, present and future lost wages and mental trauma.
While FELA does have a three year time limitation within which an injured railroad worker can file a lawsuit, our lawyers advise clients to get an attorney involved early to preserve evidence.
Railroad Accident Injuries Include:
• Back injuries
• Carpal tunnel syndrome
• Ear and hearing injuries
• Head trauma and brain injuries
• Knee injuries
• Neck injuries
• Repetitive Stress Injuries
• Spinal cord injuries
Contact a Louisiana FELA Lawyer Today
Railroad companies are large, established corporate giants. They often have unlimited resources with which to fight the claims of individual injured workers. You therefore need to have an experienced team of FELA lawyers fighting for your legal rights. At The Lambert Firm, we have over 35 years of experience trying cases. Though we are located in Louisiana, we handle some of the toughest cases across the country. If you or a loved one has been injured or killed in a railroad accident, please contact our Accident Injury Attorneys today for a free consultation.