FELA protections allow railroad workers who are injured due to unsafe working conditions, accidents, or negligence on the part of their employers to claim compensation for damages and pain and suffering caused by these hazards in the workplace.
Railroad employees enjoy added legal protections under the provisions of the Federal Employers Liability Act (FELA).
Burwell Nebout Trial Lawyers boasts extensive expertise as railroad accident attorneys. We offer steadfast representation for railroad workers who sustain injuries while on duty across the Greater Houston area, throughout Texas, and nationwide. With a highly skilled legal team amassing over 100 years of collective experience in navigating intricate FELA railroad cases, our firm has been dedicated to assisting injury victims and their families in Texas since 1970.
During the late 1890s and early 1900s, railroad usage surged, amplifying the inherent dangers faced by employees. Railroad workers frequently found themselves injured on the job as a result. In response to this growing issue, Congress recognized the necessity for protective legislation and enacted the Federal Employers Liability Act (FELA) in 1908.
For individuals who have sustained injuries in incidents like rail yard accidents, our legal team is equipped to offer the representation needed to pursue fair compensation and remedies from employers under the safeguards provided by FELA.
By engaging our nonunion legal experts, railway employees can seek accountability from employers for hazardous work environments.
Rest assured, we’re here to support you. Reach out to us at (281) 645-5000 or email our team to arrange a complimentary consultation with one of our attorneys.
Under FELA, railroad employees have a legal right to a safe work environment, and railroad companies have a duty to provide this right. To fulfill this legal duty, railroads must provide adequate safety gear and equipment, as well as properly maintained tools for performing the job. If the railroad fails to do any of the above, they may be liable for injuries that occur as a result.rnrn
Injured railroad workers also have a right to sue their employer if negligence contributed to their injuries. This is different from the normal process of obtaining benefits through workers’ compensation for on-the-job injuries. Furthermore, the compensation available under a FELA claim is likely to be significantly greater than would be possible under workers’ comp.
If you are a railroad worker who has been injured on the job, the steps you take immediately following the injury can have a dramatic impact on the outcome of your case. To protect your health and improve your chances of obtaining compensation by filing a FELA claim, it is in your best interest to:
If you’ve been injured in a railroad accident, the experienced railroad accident attorneys at Burwell Nebout Trial Lawyers can help. Contact us today at(281) 645-5000 for a free and confidential consultation about your case.
When injured you will be contacted by a railroad claim agent. This claim agent will attempt to take a statement, direct you to company doctors, and dissuade you from seeking counsel with a qualified FELA lawyer. At this time, a union-designated attorney might also contact you to facilitate a settlement with the claim agent.
Following an injury, you may receive contact from a railroad claim agent. Their aim typically involves gathering a statement from you, steering you towards company-appointed physicians, and discouraging you from seeking legal counsel from a skilled FELA attorney. Additionally, a lawyer designated by your union might reach out to facilitate a settlement negotiation with the claim agent.
It is important to know your rights and consult a qualified, experienced non-union FELA attorney who represents you, not the union and not the railroad company. Due to the legal complexities involved and the serious injuries typically sustained, you want to be confident that the railroad accident lawyer you hire is committed to a successful outcome for you.
After a consultation with a non-union FELA lawyer from Burwell Nebout Trial Lawyers, our personal commitment and aggressive representation will be evident.
The FELA lawyers with Burwell Nebout have a long and successful history of supporting and representing union workers in job-related injury claims.
We’re on your side. Contact us at(281) 645-5000 or email our team to schedule a free consultation with one of our League City railroad accident attorneys.
FELA provides injured railroad workers with the opportunity to secure significantly more compensation than what they could receive through workers’ compensation. Unlike workers’ compensation, FELA grants injured railroad workers the right to retain FELA attorneys and pursue legal action against their employers in court to seek monetary compensation for their injuries.
Employees in rail yards face significant risks due to the immense weight of trains, which can reach up to 200 tons. While safety measures have improved over time, rail yards still experience a higher rate of injuries compared to other industries in the United States.
Workers in rail yards may suffer from burns, cuts, fractures, spinal cord injuries, paralysis, and tragically, fatalities. Following such injuries, the expertise of a FELA attorney can prove invaluable. A FELA injury lawyer’s role is to ensure that you receive comprehensive compensation, drawing upon their specialized understanding of the railroad industry.
Rail yard labor often involves strenuous activities and repetitive tasks, presenting unique challenges in FELA litigation. Nonetheless, dedicated FELA lawyers will diligently advocate for your rights, striving to secure the full monetary compensation you deserve from start to finish.
Injuries often occur in rail yards just because they are dangerous environments. Workers have been crushed by switches and levers and have been hurt while loading and unloading heavy machinery.
In addition, the rail yard is a place where workers must contend with many flammable substances, and this puts them at a high risk of being burned by fuel supplies. They are also in danger of being caught in an explosion because it is easy for these substances to be spilled as they are being transported.
The dangers do not end there. Locomotives often transport poisonous gases and toxic chemicals, and workers have been injured while working with these materials. However, most injuries occur when equipment fails, after a train derailment or a collision with another locomotive.
Workers are required to spend time on active tracks, and although people in the control towers are aware that workers are on these tracks, accidents still happen because of miscommunication. Sometimes, operators are entirely unaware that workers may be in a dangerous location because they cannot see them.
Employers bear the responsibility of maximizing safety within their rail yards for their workers. This includes measures such as ensuring employees work solely on inactive tracks whenever possible. When maintenance is necessary on active tracks, employers must guarantee clear communication among the controller, operator, and yard personnel.
Given the strenuous nature of rail yard labor, employers must verify that their workers are physically capable of performing such tasks. Fatigued employees are at risk of reduced attentiveness. Therefore, potentially leading to accidents.
At Burwell Nebout Trial Lawyers, our adept railroad accident attorneys are committed to vigorously pursuing full compensation in any railroad yard accident claim. We meticulously construct robust cases to secure comprehensive compensation for your injuries.
We’re on your side. Contact us or email our team to schedule a free consultation with one of our attorneys.
In the event that injured railroad workers can prove that the defendants were negligent and, therefore, responsible for the workers’ injuries, they will be awarded a sum of money for their injuries. The amount may include monetary compensation for the following:
If the lawsuit is brought by the railroad worker’s family, the survivors can receive the same type of award as was described above. However, FELA attorneys have also been known to ask for compensation for the contributions that deceased railroad workers would have made to their families. This includes the salary these workers would have earned and the love and support that they would have given to their children had they lived.
If you were a victim in a railroad accident or had a loved one die as a railroad worker, it is imperative that you contact a railroad injury attorney rather than a personal injury lawyer. FELA railroad accident attorneys are extremely knowledgeable in the railroad industry and the laws that govern it. When FELA attorneys arrive in court, they are prepared to demonstrate that the defendants were negligent in some way for the accident and that the railroad accident is what caused the railroad worker’s injuries.
Sometimes, people refrain from hiring FELA lawyers because they are wary of filing a lawsuit against their employer and going to court. If this is the case for you, contact a railroad injury attorney anyway. In some cases, FELA attorneys can avoid taking the matter to court. Instead, they negotiate with the other side outside of the courtroom to obtain a settlement. Defendants in these cases can be very amenable to this idea because they prefer not to have personal matters become public.
Train derailments have the potential to be catastrophic for the public at large but also for any railroad employees working in the area. Train derailment injuries may vary from traumatic bodily injury due to a railroad crash all the way to lethal poisoning due to a toxic spill in the accident. The impact of a FELA railroad accident on a railroad worker can be significant and life-altering.
Railroad work injuries sustained in a train derailment may qualify for full compensation under the Federal Employers Liability Act if the FELA claim lawyer proves negligence in the train derailment by the railroad employer. FELA railroad injury accident lawyers have special knowledge of the railroad industry and the laws that apply to successfully navigate a FELA claim through the legal complexities of the applicable federal law.
We’re on your side. Contact us at(281) 645-5000 or email our team to schedule a free consultation with one of our railroad accident attorneys.
FELA railroad accident attorneys have the authority to initiate FELA railroad accident lawsuits against any party deemed liable for injuries sustained in a railroad accident. This implies that the defendant need not solely be the employer. Should evidence indicate that the railroad, a part manufacturer accountable for a malfunction, or another railroad worker contributed to the accident, FELA attorneys may include them as defendants in the lawsuit.
Where conventional workers’ compensation claims are governed by and processed under state law, FELA claims are governed by and processed under federal law. To make a FELA claim, the most important initial steps are to file an accident report and hire an experienced FELA lawyer.
To make a successful FELA claim, you must be able to show that the railroad company’s actions were at least partially negligent. That being said, doing so is typically easier than with traditional injury claims because the company’s negligence only had to play some role in the injury, not the primary role. In fact, this lesser requirement is often referred to as a “featherweight” burden of proof.
Following the accident report, there will be an investigation into the accident to determine if negligence was a factor. If it was, you will likely be offered a settlement, at which point your attorney will determine if the settlement offer is reasonable. If a fair settlement cannot be reached, your railroad accident attorney may need to fight for full compensation at trial.
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