Lousiana Railroad Attorneys
According to a 2018 FRA report, derailments are the most common cause of railroad accidents. Due to the nature of the job, railroad workers are highly susceptible to occupational injuries. A railroad accident greatly decreases a client’s quality of life. Victims may face mounting medical bills and have few avenues to meet those claims. If you sustained extensive physical injuries from a railroad accident, call Rome, Arata, Baxley & Stelly, LLC. in Louisiana.
Louisiana: Union, Justice, and Confidence
We are located in New Orleans, Louisiana. For some fans, Louisiana is all about Mardi Gras and great jazz. For others, New Orleans is the home of the Mercedes-Benz Superdome, a favorite Super Bowl venue. In 2005, the Superdome famously served as a shelter for thousands of displaced Hurricane Katrina survivors.
Louisiana has always been about survival. In fact, the state motto (“Union, justice and confidence”) is a perfect example of the Louisiana spirit. If a client is seeking justice for a train accident, our experienced attorneys may help.
Rome, Arata, Baxley & Stelly, LLC, Have Helped Others in Louisiana
Take a look at a few of our many Louisiana results.
Our attorneys won $2,250,000 for a machine operator in New Orleans. The worker sustained substantial injuries after a passing train struck him. In response, the railroad accused the operator of negligence. End result: The railroad eventually agreed to a settlement to avoid the prospect of a publicized court case.
Our firm also won $4,000,000 for a locomotive engineer’s family in New Orleans. The engineer died from his injuries after the freight train he was working in collided with a gasoline tanker truck.
While these successful results constitute significant victories, results may vary for each client. We cannot guarantee similar results for everyone, but we fight hard to get the best possible results in every case.
The Types of Railroad Worker Injuries
The Federal Employer’s Liability Act (FELA) entitles an injured workers to compensation if they can prove legal negligence on their employer’s part. FELA operates under the “featherweight burden of proof.” This means that you only need limited proof to show railroad liability for your injury. The following are typical injuries sustained by railroad workers:
- Second and third degree burns
- Torn tendons, muscles, or ligaments
- Upper and lower body injuries
- Traumatic head/brain injuries
- Neck injuries
- Crushed, broken, or fractured bones
- Herniated disks
- Wrongful death
- Severed limbs
Who Is at Fault?
Although railroads must comply with FRA (Federal Railroad Administration) and OSHA (Occupational Safety and Health Administration) regulations for workplace safety, accidents still occur. Accordingly, the FRA has adopted new provisions for 49 CFR 214. Amendments include changes to train audible warnings and improved protections for railroad workers during snow removal and weed spraying operations.
The FRA has also overhauled its hazard identification system to help railroad workers better recognize potential dangers on the job. To date, all existing provisions of 49 CFR 214 continue to apply. Certainly, this increased emphasis on prevention is a positive development. However, in the event of an injury, it does not absolve the railroad of any negligence on its part.
Will Liable Parties Be Held Accountable?
In light of a claim, a railroad may pressure the worker to speak to its claims agent. Remember that the agent is primarily focused on clearing the railroad’s name—and protecting its bank account. He may ask misleading questions about a worker’s injury. His purpose is to show that the worker’s personal negligence caused the accident.
Many claims agents also prefer to record interviews with injured workers. A recorded interview can often intimidate an already injured employee. This is just one way that a railroad company may try to get out of paying its fair share for an injury.
In the event of an accident, a railroad may also pressure an injured worker to see the company doctor. This is often a cynical attempt to downplay the seriousness of an injury. Remember that claims agents and company doctors are primarily loyal to the railroad. Their chief focus is on minimizing the financial fallout and social backlash from workplace incidents.
So, is it possible to hold the liable party accountable for its actions (or lack thereof)? Yes. Rest assured that our attorneys at Rome, Arata, Baxley & Stelly, LLC, have successfully helped many plaintiffs recover compensation through settlement agreements and court verdicts.
Types of Recoverable Damages in the Event of Railroad Injuries
After an injury, many clients question whether they can ever recover the costs associated with their pain. Although each case differs in scope and intensity, the following are common recoverable damages:
Loss of wages, both past and present. The economic factor is topmost in an injured worker’s mind. The financial loss makes it difficult to retain the standard of living the worker has achieved.
Prohibitive medical bills. Some insurance plans may not adequately cover surgery, therapy, and other rehabilitative treatment costs, leaving injured workers on the hook for them.
Pain and suffering. Many injured workers continue to suffer emotional trauma long after their ordeal is over. Many are scarred for life and find themselves spiraling into deep periods of depression. For paraplegics, the loss of control over their bodies is probably the most distressing development.
Wrongful death. When a worker dies from injuries, loved ones suffer great emotional pain from the loss. While the family cannot file a claim for loss of companionship under FELA, they can file a lawsuit for loss of wages.
Schedule a Free Consultation With an Experienced Louisiana Railroad Lawyer Today
If you sustained severe injuries on the job, the law may entitle you to financial compensation. In the event of an incident, don’t delay. Contact us to schedule a free consultation with an experienced FELA railroad attorney.
Rome, Arata, Baxley & Stelly, LLC, are members of ARLA (the American Academy of Rail Labor Attorneys) and are listed in its directory of FELA lawyers. BLET now refers its members to the ARLA directory for a list of the best FELA attorneys.
We have a proven track record in railroad injury litigation. In addition, our attorneys understand railroad terminology. We are comfortable conversing with our clients and know how to evaluate and handle their claims.
Clients need not pay any upfront expenses. We only deduct fees for our representation if we recover compensation.
Do not wait to seek and claim justice. Call (800) 249-1306 or contact us online today. Trust our empathetic, knowledgeable lawyers to investigate the circumstances of an injury and to chart a viable course of action.
To schedule a free initial consultation with our Lousiana Railroad Attorneys, please call Today for FREE Consultation 504-521-7946, 800-249-1306 or contact us online.