FELA Claim Attorneys

We go to work every day, dedicated to giving our employers our best efforts. In return, we trust that our employers are committed to doing everything possible to keep us safe. That one safeguard we noticed before (we even mentioned it once) was a concern, but not a big problem—until the day that it failed and a worker was put in harm’s way. In hindsight, employees probably should have made more noise about that safety issue…but complaining never changes anything, does it?

Were you injured while working for a railroad? Does your employer bear some responsibility for your injury? Contact Rome, Arata, Baxley & Stelly, LLC, for a free consultation to discuss your case. Protecting your rights in a railroad injury is our job.

What Are FELA Claim Injuries?

Congress enacted the Federal Employers Liability Act (FELA) in 1908 to protect railroad workers. The law established a burden of responsibility upon employers to provide a safe working environment for railroad employees. Any injury resulting from an employer failing to provide such an environment entitles the injured to compensation for all damages under FELA.

The extensive list of serious injuries that can ensue from railroad work can include:

• Broken and fractured bones
• Crush injuries
• Traumatic brain injuries
• Burn injuries
• Spinal cord injuries
• Electrical burns and shocks
• Loss of life and limb

Other injuries can develop from heavy or repetitive work, such as back, neck, or shoulder pain, or structural damage and injury. Railroad workers also work around hazardous substances such as:

• Lead
• Benzene
• Asbestos

These toxic substances can create severe long-term health issues, including cancer. Protecting employees who work in such a dangerous vocation is the obligation of the employer, as required by FELA. A victim may find a worthy advocate in an experienced attorney versed in FELA law.

A Winning Law Firm

At Rome, Arata, Baxley & Stelly, LLC, we fight for the rights of accident victims, including railroad and maritime workers. We strive to secure our clients the compensation that they deserve.

A History of Winning Big
In an accident where a dump truck drove onto the tracks of an oncoming train, the engineer, brakeman, and conductor suffered serious injuries, including lumbar spine injuries. We secured $5,000,000 in compensation for our clients.

A History of Not Settling for Less Than Our Clients Deserve
In New Orleans, Louisiana, a railroad crossing accident involving a tractor-trailer injured a conductor. The resulting injuries to the conductor’s shoulder and neck required surgery. The trucking company and railroad offered the conductor a $300,000 settlement. We secured the conductor a verdict of $1,709,617.

Sometimes it takes the experience and knowledge of a winning lawyer to know when it is time to settle and when it is not. If your case goes to court, you will want that winning track record on your side.

We can’t promise these same results for you, because each case is unique and has its own set of considerations. What we can promise, however, is a commitment to achieving the best result possible and the compensation that our clients deserve.

Who Can Face Liability at Fault?

In many cases, the question isn’t one of liability, but rather of whom the liable party or parties are. These are a few of the possible directions a claim could take in pursuing compensation.

Potentially Liable Parties

The first step in designating accountability generally begins with looking at the railroad company itself. The company that employs and trains the engineer and crew and maintains the locomotive may share a huge portion of accident liability.

The designer and manufacturer of the locomotive can also play a vital role in the cause of an accident. Mechanical failure can prove devastating, especially in older engines, even when operated by an experienced, properly trained crew that does everything correctly.

The different companies or entities that maintain or own tracks and crossings can also share liability in a railroad accident. The city or county in which the railroad tracks are located can bear liability in some circumstances as well.

What Damages Can Victims Recover When a Railroad Accident Injury Happens?

The compensation and damages that a railroad accident victim can recover will greatly vary depending on each case and the particular situation. A few of the damages that victims may pursue following an injury include:

• Medical expenses
• Lost wages/loss of income
• Pain and suffering
• Mental anguish/emotional distress
• Loss of consortium

How Do Liable Parties Try to Avoid Paying Their Fair Share?

Despite FELA laws, liable parties have plenty of ways to legally mitigate their expenses. They will often use workers’ compensation to shield claims. Workers’ compensation insurance, however, is infamous for denying claims, especially upon the first submission. Companies and their insurance representatives also attempt to convince victims to sign waivers, or what may look like attractive settlement offers. Rarely do these settlement agreements cover the full cost of a worker’s injuries.

Consult an attorney for legal advice and help in these situations. It is also the best way to protect a worker’s rights and keep his or her best interests safe.

How Much Does a Lawyer Cost Me?

It isn’t the first thing on your mind, but it matters. We understand the other stressful situations happening during the time of and following a railroad accident. The recovery, the bills, the expenses… the list goes on. We can help with that—our consultation is free. Call one of our experienced railroad accident attorneys today at (800) 249-1306 to discuss your case.

We take cases on a contingency fee basis—the client pays nothing upfront and we only recover fees from any settlement or verdict we help to obtain. That means you can worry about getting better, and we can worry about getting you the best results for your legal case.