Railroad employees work under a variety of conditions. Whether tasked with train or railway maintenance, driving a crew or operating a train, they expect their employers to maintain a safe work environment so that they can successfully do what they are paid to do. But occasionally, something goes terribly wrong and a railroad worker injured on the job.
When this happens, an injured railroad worker is covered under the Federal Employer’s Liability Act (FELA).
For them to gain compensation for pain, suffering and other damages under FELA, an injured worker needs to be able to prove that the railroad failed to provide a reasonably safe place to work. And, they must do so within the legal statute of limitations.
Statute of Limitations for FELA Railroad Worker Injury Claims
A FELA worker can loose a injury claim against a railroad employer if not filed within the statute of limitations. Injured on the job? You need to make sure that you take action within the following time limits:
- Personal injury cases – filed within three (3) years of the date of the injury.
- Death cases – filed within three (3) years of the date of death.
- Occupational disease cases – filed within three (3) years from the date of discovery of the disease and its relationship to employee’s occupation.
- Cumulative trauma disorder cases – filed within three (3) years from the date of discovery of the trauma and its relationship to employee’s occupation.
Why You Should Hire a FELA Lawyers
Two reasons that you should hire FELA lawyers are:
1.) The railroad can no longer contact you directly after you retain a FELA attorney. This conveniently removes any added stress or pressure for workers who may fear retaliation from overly aggressive railroad employers or its agents.
2.)When you file a FELA claim for your injuries, you’ll need to prove the railroad was negligent. An attorney can help you build a solid case so that you increase your chances of getting the most compensation possible and lessen your chances of being denied.
At Mike Brandner Injury Attorneys, looking after your well-being and best interests is a priority of our legal team. We work hard so that you can focus on recovering after an injury. Feel free to contact us for a free consultation to learn how we can help ease your way through filing a FELA railroad worker injury case.
Railroad Worker Injury Settlements
Under FELA, an injured railroad worker can recover all of the damages traditionally associated with a personal injury law suit, including compensation for:
- Lost wages (past and also future)
- Impairment of earning capacity
- All benefits (past and future)
- Disabilities & disfigurements
- Also, medical expenses (past and future)
- Aggravation of a pre-existing condition
- Pain and suffering (past and future)
- Lastly, loss of enjoyment of life
If a railroad worker is killed, their surviving families are also entitled to recover their damages from the railroad company.
- Medical expenses
- Pain and suffering experienced before death by the employee
- Lastly, the value of money, benefits, goods and services that the deceased would have contributed.
Railroads and their agents will do what they can to derail your attempts. You can stop them in their tracks by protecting your rights with the help of an attorney.
Serving Railroad Worker Injury Clients Nationwide
If you are a railroad employee and have been injured on the job, contact Mike Brandner Injury Attorneys at (504) 345-1111 today. You pay nothing in attorney fees unless you get compensation. Our New Orleans-based legal team handles FELA cases nationwide. We are dedicated to helping employees and families of railroad workers seek compensation.