As a railroad worker, if you have an accident or are injured on the job, you have rights under the federal law known as FELA or the Federal Employers' Liability Act. Martin & Jones attorneys have been helping injured railroad workers protect their rights under the FELA for nearly two decades.
Each year, thousands of railroad workers are injured and tragically some are even killed on the job. Many more railroad workers (or retired railroad workers) are diagnosed with lung diseases such as mesothelioma and cancer, due to exposure to asbestos, silica, diesel exhaust, solvents and chemicals that the workers were exposed to years and even decades earlier at the railroad. When a railroad worker is injured or makes a claim, the railroads retain skilled attorneys to protect their interests.
How FELA Works With Railroad Claims
The FELA enables injured railroad workers to bring claims directly against the railroads where it can be shown that the railroad's negligence caused the injury. Negligence is defined as the railroad's failure to exercise reasonable care in its obligation to provide railroad workers a safe place to work. An injury could be the result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. A FELA lawsuit must be filed within three years of the date of the injury.
You should seek legal counsel and advice at the earliest opportunity if you believe you have a potential FELA case. Remember, the railroad claim agent is just that - an agent for the railroad. Our lawyers are your representatives. We protect your rights. We have been helping injured rail workers for more than 20 years.
We represent all railroad workers with their FELA claims, including those employed as engineers, conductors, brakemen and maintenance-of-way workers, We have successfully pursued recovery on behalf of workers employed at the following railroads:
- Union Pacific
Short line railroads across the east coast.
What You Should Do If You Are Injured In A Railroad Accident
- Get medical help — If you are involved in a railroad accident, you should make sure you obtain medical help immediately. You do not need to see a doctor selected by the railroad. Get help from a family doctor or specialists.
- Gather witnesses — This is always difficult after an accident. If possible gather the names, addresses and telephone numbers of witnesses while you are waiting for medical help to arrive.
- Preserve evidence — This can also be difficult after an accident, but taking video or photographic evidence of the scene is important. Also make sure to keep your work clothing, equipment you were using, medical equipment and papers from the railroad. This evidence could prove vital to your claim.
- Call a skilled FELA attorney — It is important to retain an attorney who is knowledgeable about FELA claims as soon as possible after a railroad accident. The railroad will be trying to protect their interests. It is the attorney's job to protect yours.
- Avoid recorded statements — A railroad claim agent will contact you after the accident and request a statement. Do you provide any recorded or written statements to the railway company unless you are directed to do so by your attorney.
- Keep records — Maintain copies of all medical records. Provide these to your attorney. Do not give them to the railroad. If the railroad requires any documentation, your attorney can provide that to them.
- Look for surveillance — The railroad may be recording your movements after your injury. Be mindful of cars and individuals who may be following you or attempting to photograph you. Keep detailed notes and notify your attorney immediately.
OLet Martin & Jones Help You With Your FELA Claim
Talk to our attorneys today about your FELA claim. Learn how we approach railroad injury lawsuits and what we can do to protect your interests. Call us today for a confidential, no obligation consultation about your FELA claim.
$7.5 MILLION JURY VERDICT FOR CSX RAILROAD WORKER WHOTED MESOTHELIOMA
Our client worked for CSX Railroad for 38 years, from 1962 until 1999. During that time, he was exposed to asbestos on industrial boilers, pipes, construction materials and other asbestos-containing products.