Jackson FELA Lawyer
If you work in the railroad industry, you need to be familiar with FELA. FELA refers to the Federal Employers’ Liability Act (FELA), which was enacted by Congress due to the various dangers associated with working in the railroad industry. It allows injured employees to recover financial compensation for injuries caused by the negligence of a railroad carrier, its agents, or employees.
With the FELA, railroad employees are exempt from state workers’ compensation laws, which means injured employees are allowed to sue their railroad employer. The FELA allows the injured employee to file a lawsuit in state or federal courts. The act also reduces the injured employee’s burden of proof by only requiring that the employee prove that they suffered injuries based on the railroad’s negligence. There is no need to prove negligence if the railroad has violated a safety statute or safety regulation.
If you have been injured while working on a railroad, Lunsford Baskin & Priebe, PLLC can help you file a claim and get the compensation you deserve. Contact an experienced Jackson FELA lawyer today to learn more.
Common Railroad Worker Injuries
Railroad workers can suffers from a variety of injuries on the railroad, such as:
- Repetitive stress injuries. Railroad workers are at a particular risk of developing a repetitive stress injury because of the physical nature of their work. They face hazards such as exposure to vibrations, throwing switches, mounting and dismounting train cars, and walking long distances on ballast rock. These activities can lead to carpal tunnel syndrome and tennis elbow.
- Hearing loss. Millions of workers throughout the U.S. are exposed to hazardous levels of noise each year. This includes railroad workers. If the noise level at any particular workplace is at or above 85 decibels for an eight-hour workday, the employer must have hearing conservation programs available for employees. Intermittent noises at the workplace should not exceed 140 decibels. Railroad workers who constantly work with high noise levels can suffer significant hearing loss.
- Asbestos exposure. There is a long history of hazardous material used in the railroad industry, such as asbestos. When railroad workers inhale asbestos, they can suffer a number of illnesses, such as asbestosis. Trains were once insulated with asbestos, so railroad workers are especially prone to this lung disease.
FELA vs. Workers’ Compensation
FELA is different from the workers’ compensation system in that it provides a much more complete remedy. Workers’ compensation benefits tend to be fixed and arbitrary, with injured workers often getting grossly undercompensated. Workers’ compensation provides only partial wage reimbursement benefits and nothing for pain and suffering. Because FELA allows workers to sue their employers, they can receive much more compensation.
Contact Lunsford Baskin & Priebe, PLLC Today
Railroad workers can suffer a variety of injuries while on the job, but they have FELA on their side. This act can help them recover the most compensation possible.
The Jackson FELA lawyer at Lunsford, Baskin, & Priebe, PLLC can help you with the process of filing a claim. Let us help you understand your legal rights. To schedule a free consultation, call (601) 488-3975 or fill out the online form.
