New Orleans FELA Lawyer
Despite hundreds of new safety codes and regulations over the last half century, the railroad industry remains one of the most dangerous industries to be occupied in. From crushing injuries, trip and falls, overuse injuries, and hearing loss, these injuries can have a significant impact on a worker’s ability to earn an income, pay for medical expenses, and get back on their feet after the incident. Thankfully, as an injured railroad worker you have an opportunity to seek compensation under the Federal Employers’ Liability Act (FELA). The New Orleans FELA lawyers at Lunsford Baskin & Priebe, PLLC have assisted countless clients over the years, and have the experience and understanding of federal regulations, including the Federal Employers’ Liability Act, to recover the damages you are owed.
The Difference Between Normal Workers’ Compensation and Damages Under FELA
In a normal workers’ comp claim, the injured worker is able to recover partial wage replacement of up to two-thirds their average weekly wages, full medical coverage, and vocational training if applicable. This leaves out a lot of major expenses. However, as an injured railway worker, the Federal Employers’ Liability Act enables you to seek compensation for your full damages. This includes:
- Full wage replacement
- Lost future earnings due to lost earning capacity
- Past and future medical expenses
- Pain and suffering
- Emotional distress
- Lost quality of life
- Aggravation of pre-existing conditions
Proving Fault in a FELA Lawsuit
A FELA lawsuit is also different from a workers’ compensation claim in that it is a lawsuit decided by a jury, which tend to be more compassionate to injured plaintiffs than insurance adjusters. However, you do need to prove negligence—at least partial negligence—on behalf of the railroad company in order to have a viable lawsuit. Otherwise, it is best to file a workers’ compensation claim, which does not need to establish fault in order for the injured worker to receive compensation.
FELA Lawsuits are Incredibly Complex
Because FELA lawsuits can be filed in either state or federal court, there are often multiple parties involved, and the railroad company will likely do everything in its power to minimize your damages or deny liability, it is imperative that you work with a highly specialized legal team. FELA lawsuits are not simple workers’ comp claims; they require an attorney willing and able to conduct a detailed investigation and pour over reports, records, and statements to help bolster your claim. Additionally, your attorney needs to be well-versed in trying cases in court before a judge and jury. While workers protected under the Federal Employers’ Liability Act are entitled to a large degree of compensation, this does come with strings attached—it will be a much more difficult task to win than a traditional workers’ comp claim.
Call an Experienced New Orleans FELA Injury Lawyer Today
If you were injured on the job as a railway worker and your employer was even remotely to blame, it is in your best interest to seek out the counsel of an experienced New Orleans FELA injury lawyer for guidance. Call Lunsford Baskin & Priebe, PLLC today at 601-488-3975 to schedule a no-cost consultation today.
