RAILROAD INJURY ATTORNEYS

Railroad Accident Lawyers

Holding Employers Accountable and Securing Compensation for Injured Railroad Workers

Railroad employees work hard and play an important role in the transportation of freight and passengers in the United States. Unfortunately, while jobs in the railroad industry are safer than they used to be, the nature of the job is inherently dangerous. Whether it be defective equipment, employer negligence, or exposure to hazardous chemicals, there are multiple conditions railroad workers face that can result in severe or fatal injuries. What's even worse is that when a worker is hurt or killed on the job, recovering damages is often a complicated process.

 

The North Carolina and South Carolina injury attorneys at Grimes Teich Anderson are passionate about fighting for injured railroad workers who need help paying for medical expenses or other damages after a workplace injury. With millions recovered on behalf of injured workers, you and your family can rest assured that your claim will be carefully investigated and that you receive the compensation you deserve.*

What is FELA?

Long before workers' compensation laws came into existence in our country, Congress worked to protect injured railroad workers' rights by passing the Federal Employer's Liability Act (FELA). FELA is a federal law enacted in 1908 to protect railroad workers who were "subjected to a peril of life and limb as great as that of a soldier in time of war." FELA ensures railroad employees a safe working environment and gives them the right to recover compensation if injured in a railroad-related accident. Under FELA, railroad workers can hold their employers liable for:

  • Unsafe work conditions
  • Faulty equipment or tools
  • Defective safety devices
  • Lack of safety inspections
  • Safety hazards in the workplace
  • Unreasonable work quotas for the amount of staff
  • Inadequate training, supervision, assistance, or help
  • Failure to maintain or enforce safety rules and regulations
  • Deliberate acts of harm by other employees

What Injuries Does FELA Cover?

Railroad workers are exposed to the risk of bodily injury and death regularly. These injuries can be excruciating, and the worker may not make a full recovery. Medical bills for emergency treatment and care are a financial burden, especially when the employee is forced out of work to recover. The four basic types of injuries that are covered under FELA regulations are:

  • 1 Sudden and Traumatic Injuries: broken bones, back strains, pulled muscles and tendons, lacerations, and other types of traditional injuries.
  • 2 Repetitive Stress Injuries: carpal tunnel syndrome, tendinitis, and hearing loss.
  • 3 Aggravation of Pre-existing Conditions.
  • 4 Occupational Diseases: lung cancer, skin diseases, and asbestos-related diseases.

What Compensation Can I Receive After Sustaining a Railroad Injury?

If you were injured while working at a railroad, you are entitled to compensation if your employer's negligence contributed to or caused your injury. One of the most crucial aspects of FELA is that it places no limits on the amount of money a railroad employee can recover in a lawsuit. FELA claims may include damages for:

  • Past and future medical expenses;
  • Past and future lost wages;
  • Pain and suffering (both mental and physical);
  • Loss of earning capacity; and
  • Permanent partial or full disability.

If you or a loved one have suffered an injury while working for a railroad company, it is advisable to contact an attorney as soon as possible after the accident or injury occurs. Without an experienced advocate on your side, there's no guarantee that you will successfully recover enough compensation to cover medical bills or any other expenses you incurred.

How Do I Prove the Railroad Company Caused My Injuries?

Unlike "no-fault" workers' compensations laws, the amount of fault that needs to be shown in FELA claims is less than the degree of responsibility that needs to be established in an ordinary workers' comp claim. A person filing a FELA claim only needs to show that the railroad company was somehow negligent and played some role in an accident causing injuries. This is also known as a "featherweight" burden of proof, which gives an advantage to the victims seeking a legal remedy for damages. Often, recoveries through FELA involve the following types of negligence:

  • Failure to maintain or enforce safety rules
  • Inadequate safety training of employees
  • Refusing to hire enough staff to get a job done safely
  • Failure to provide sufficient equipment, tools, or safety protections

Should I Settle My FELA Claim with a Railroad Claim Agent?

A railroad claim agent that attempts to settle your claim, or take your statement, while acting as your advisor is a conflict of interest situation. Their only job is to save the railroad company money. They're professionally trained to ask questions that coerce the worker into making incriminating statements that will protect the company from liability. Dealing directly with a railroad claim agent places the employee at the mercy of someone looking to pay out as little as possible and quickly settle the injury claim.

 

Before making any statements, it's always best to consult with an experienced railroad injury lawyer who can advise you on protecting your long-term interests. 

Retaliation After Filing a FELA Claim

Reporting illegal or dangerous practices on the job is the right thing to do. While it would be nice to think such conscientious behavior would be applauded, railroad employees often face harassment, threats, and retaliation for filing a workplace injury claim under FELA. The result can be devastating, not just to the employees themselves but also to the families they support.

 

To discourage retaliation among employers, Congress passed the Federal Rail Safety Act (FRSA) in 2008, which protects railroad workers who seek medical treatment and those engaged in protected activities from interference. If you are retaliated against or terminated for any of the following activities, you may be entitled to backpay, up to $250,000 in punitive damages, reinstatement, special damages, lawyer fees, litigation costs, and expert fees:

  • Reporting a traumatic or occupational injury
  • Reporting fraud, waste, or misuse of public funds
  • Reporting and refusing to work under hazardous safety or security conditions
  • Reporting and refusing to work with equipment or structures under dangerous conditions
  • Reporting any violation of federal law
  • Providing a witness or testifying in a FELA case
  • Seeking medical treatment for an on-the-job injury

If you believe your company has retaliated against you for reporting a violation or filing a FELA claim, don't hesitate to contact a lawyer, as you only have 180 days to file a FRSA claim.

Experienced FELA Attorneys for Injured Railroad Workers

FELA is very complex, and filing a claim is not a simple task. Victims face delays and obstacles as their employer seeks to minimize their claim or deny it completely. This is why you should consult with an experienced railroad injury attorney. Contact Grimes Teich Anderson today and find out how we can help you. To schedule a free consultation with a railroad injury lawyer, call us at 800-533-6845 or complete our contact form online today.

"I made a wise decision in choosing Grimes Teich Anderson to handle my personal injury claim. I would recommend them to anyone who finds themselves battling an insurance company that doesn’t care that you’re injured and in a bind. Great job guys."

Paul W.

Client

"Great experience having GTA handle my case. I will recommend them to all my friends and family. Very professional and knowledgeable about workers compensation law."

Rusty G.

Client

"What a great group to work with. Grimes Teich Anderson are very knowledgeable and take the time to go over everything and explain the process clearly to make sure you get the most you deserve. I highly recommend this firm."

Colleen M.

Client

Fighting For Your Legal Rights, Right By Your Side. Contact Our Law Offices Today.

To fully recover from an accident, you need an aggressive legal team that does not rest until they get the results you want and need. At Grimes Teich Anderson, our experienced team remains available to you 24/7. If you have questions about an injury or disability matter, contact us today.

Contact us for your case evaluation.

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We have multiple locations in the Carolinas to serve you

Grimes Teich Anderson is open for business during Covid 19. We offer free injury consultations and can get started on your case electronically.

535 College St.
Asheville, NC 28801
Phone: 828.251.0800

12474 S. Hwy 226
Spruce Pine, NC 28777
Phone: 828.766.7700

244 Porter Street Suite D
Franklin, NC 28734
Phone: 828.564.2488

385 N Haywood St.
Waynesville, NC 28786
Phone: 828.452.7888

117 Laurel Dr
Rutherfordton, NC 28139
Phone: 828.286.1033

111 E North St.
Greenville, SC 29601
Phone: 864.421.0770

207 S Limestone St.
Gaffney, SC 29340
Phone: 864.839.3645

229 Magnolia St.
Spartanburg, SC 29306
Phone: 864.398.4600

*Each case is different, so not all information on this website, as well as some which may not be provided, will apply to every case. Because the facts and relevant laws are different from case to case, Grimes Teich Anderson does not guarantee that the outcome, results, or experiences with one lawyer or one case will be similar to another.

Except for Employment Law Cases, Attorney's fees are a percentage of the entire recovery and will be deducted before other expenses. In addition to the fee in these cases, Client will be responsible for litigation expenses, which will either be deducted from the recovery or paid by the client. Some Employment Law Cases may be handled on a contingency fee basis and others handled on an hourly basis, where the client is billed for the hours spent on the case. Based on our experience, we will advise you of the most appropriate fee arrangement in Employment Law cases.

Material on this website is for information purposes and is not legal advice.

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