Railroad Employee Injury Claims
Foley & Small represents railroad employees who are injured while working on the job. Foley & Small has represented injured railroad workers involved in a variety of different accidents. Railroad employment settings are many and varied, and include freight conductors, engineers, inspectors, longshoremen, train dispatchers, diesel mechanics, electricians, signal worker and maintainer, linemen, carman, boilermakers, utility workers, heavy equipment operators, sheet metal workers, pipefitters to name just a few.
Foley & Small works with railroad experts, accident reconstructionists, engineers and other experts to investigate an at work injury and to reconstruct the chain of events that led to the incident. Foley & Small works with medical providers and specialists on pay and other economic losses to develop the injury/loss portion of a railroad accident injury claim.
When a railroad worker is injured, his or her claim is governed by a federal statute known as the Federal Employer’s Liability Act, often referred to as FELA. FELA was enacted in 1908 due to a public outcry arising from the number of railroad workers suffering injuries, especially when such injuries often were
severe if not fatal. In nearly every other context, when an employee is injured at work, his or her claim is governed by the worker’s compensation laws of the state where the injury occurred. Such is not the case with railroad employee accident claims, which are governed by FELA. The great benefit to railroad workers under FELA, as opposed to an ordinary worker compensation claim, is that recoveries under FELA are typically far greater than that available under state worker’s compensation laws.
To successfully assert a FELA claim, the railroad employee must prove some negligence on the part of the railroad causing the incident giving rise to injuries. Fortunately, the amount of negligence to be shown by the railroad is slight. The basic test is whether the railroad failed to provide a reasonably safe work place.
An employee must bring a claim under FELA within three years of the date of injury, though there are some special circumstances which can alter that time period. As a result, it is recommended that the injured railroad employee contact an experienced FELA/railroad employee accident attorney soon after injuries have been suffered.
After a railroad employee suffers an at work injury, he or she must complete a written personal injury report. It is important that the report be completed accurately. In addition, the unsafe or unreasonable work condition causing the incident should be identified.
Railroad employees cannot be harassed or intimidated by the railroad when filing an injury report. The Federal Railroad Administration has issued regulations prohibiting such harassing or intimidating tactics. Railroads are required to adopt an Internal Control Plan. The plan must provide that no railroad official is to harass or intimidate so to prevent or discourage an injured railroad employee from receiving proper medical treatment or from reporting, accurately, a railroad accident, injury or illness. In addition, the plan is to call for disciplinary action against any railroad official who commits acts of harassment or intimidation.
-Douglas D. Small
-Edmond W. Foley
If you are someone you know is a railroad worker who has suffered injuries while working on the job, contact Foley & Small. We have the experience and expertise to properly develop and present a railroad employee injury claim and obtain a maximum recovery for the injured railroad employee and his or her family.
Represented delivery driver of RV units injured in crash with vehicle on interstate highway resulting in severe lower extremity injuries. Settlements with two defendants and verdict against a third defendant.
Represented client rearended by truck resulting in concussive and hand injuries.
Represented client involved in an intersectional accident resulting in chest and upper extremity injuries.
Represented woman struck by a vehicle involved in a high speed auto chase.
Represented high school student injured in highway intersection accident suffering vertebral fractures.
Represented elderly handicapped gentlemen who fell on asphalt debris in apartment complex parking lot.
Represented woman injured at county road intersection collision suffering complex hand injuries.
Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan.
Represented worker injured at work site due to injuries caused by third party contractors (not employer).
Retail store slip and fall claim resulting in brain injury.
Represented estate of employee injured as a result of an at-work explosion caused by third party contractor.
Represented woman injured due to defective product resulting in injuries involving significant complications and multiple follow up procedures.
Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer.
Represented estate of man electrocuted while working on farm property. Settlement with certain defendants and trial with one defendant.
Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
Represented estate of man who died from injuries due to collision with a semi-tractor trailer.
Represented family members suffering injury after being struck by a delivery vehicle which failed to stop for a stop sign.
Foley & Small handles and tries cases across Indiana and Michigan. This includes working in the following counties, county seats and cities: