New Orleans Railroad Employee Injury Lawyer
Railroad workers face accidents ranging from the traumatic and horrific, such as spinal cord injuries and amputations, to the more mundane but still debilitating and painful, such as herniated discs and repetitive strain injuries. In either case, railroad workers are protected by the Federal Employers’ Liability Act (FELA) of 1908, which enables them to recover significant compensation for their injury or illness. Our New Orleans railroad employee injury lawyer here at Lunsford Baskin & Priebe, PLLC can help you navigate this complex process to receive the benefits you are owed.
Compensation Under The Federal Employers’ Liability Act (FELA)
FELA enables railroad workers, such as conductors, yardmasters, engineers, switchmen, brakemen, donkey operators, and all other railroad employees to file an injury lawsuit in either state or federal court in order to seek damages for their injury or illness. Filing a lawsuit under FELA is different from seeking damages through workers’ compensation, which does not apply for railroad workers. For a workers’ comp claim, you do not need to prove that your employer was at fault, unlike a FELA lawsuit. However, the compensation you stand to recover in a FELA lawsuit is much larger than you would receive in workers’ comp benefits, which only pays employees partial wage replacement and medical expenses.
Proving Negligence in a FELA Lawsuit
As stated above, you need to prove that your employer was at least partially negligent for causing the accident—even one percent negligent is enough to recover a minimal amount of compensation. This can be accomplished by showing that safety regulations were not being followed, your employer was using old, decrepit, or out-of-date equipment, the worksite violated basic safety standards, a supervisor failed to act on a hazard they were made aware of, etc.
Damages Railroad Workers Stand to Recover
Railroad workers, unlike almost all other industries, are not covered by workers’ compensation. This means that if no other party is liable, you will not be able to win any compensation for your damages. However, the damages you can seek under a FELA lawsuit are much larger than those you would otherwise have the option of pursuing under workers’ compensation if you were injured in another line of work. FELA damages include:
- Medical expenses
- Future medical costs
- Full lost and future wages
- Pain and suffering
- Loss joy of life
- Emotional distress
Contact a New Orleans Railroad Worker Injury Lawyer
Railroad law is vastly different from personal injury auto collision claims and workers’ compensation. Proving negligence is paramount to your claim, unlike workers’ compensation, and unlike a traditional personal injury claim, FELA claims can be filed in state or federal court. You need an attorney with real experience in railroad worker injury claims. The New Orleans railroad worker injury lawyer at Lunsford Baskin & Priebe, PLLC have extensive knowledge of the Federal Safety Appliance Act (FSAA) and the Locomotive Inspection Act (LIA), as well as all other areas of railroad law pertaining to FELA lawsuits. Call us today at 601-488-3975 to schedule a free consultation.
