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PERSONAL INJURY CASES WE COVER

FEDERAL EMPLOYERS LIABILITY ACT (FELA)

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The Federal Employers Liability Act (FELA) was enacted by the United States Congress in 1908 to reduce the appalling number of injuries and deaths that were occurring in the railroad industry. The FELA was designed to protect railroad workers and force railroads to develop safety measures to protect their employees. As an employee, you are still protected by this act today and deserve fair compensation for any injuries or losses that result from your employer’s negligence. 

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    At Wilkins Schneller Law, we have over 30 years of experience representing injured railroad workers in state and federal courts across the country. We have won FELA cases against every major railroad in the country and many Class II, Class III, and short line railroads. 

    If you suffer an injury on the railroad, you need legal advice from attorneys who have knowledge and experience fighting against the railroads and protecting injured workers under the FELA. This is a very specialized area of law.  

    Our law firm has experience representing injured railroad workers in FELA claims all around the country. We have represented railroad workers from every craft against all Class I railroads in the country and numerous short-lines. If you have been injured on the railroad, we can help.

    We enter every attorney-client relationship with shared respect and decency.  You will not be just another client but rather an essential part of our trial team.  You will have our cell phone number, and you will receive a call back the very day you call us. We take a team approach to every case and hope to forge lifetime relationships with our clients. 

    Contact our office today for a free consultation!

    WHAT THE FELA IS AND WHY IT MATTERS

    Railroad workers operate within a professional environment that is riskier than your average line-of-work. Since the risk of injury, suffering, or death are higher than usual in this environment, employers and governments need to maintain common-sense safety standards and practices. 

    That’s what the Federal Employers Liability Act (FELA) accomplishes. The FELA (45 U.S.C. §51 et seq.) is a United States federal law enacted by Congress in 1908 to protect and compensate railroad workers injured on the job.

    In the late 1800s and early 1900’s railroad traffic significantly increased. Unfortunately, so did the number of railroad accidents for those working on the railroads.  The FELA created federal regulations specifically to protect sick, injured, and even dead railroaders left by the side of the tracks with no way to recover for their losses. Before its inception, there was no remedy for injured railroad workers.

    If you are injured while working for a railroad company, it is essential to understand your rights under the FELA. Negligence that results in injury or death is accounted for within this sprawling legislation, and you deserve compensation. 

    The FELA covers everyone within a railroad company. That includes engineers, conductors, signalmen, electricians, dispatchers, maintenance of way, carmen, brakemen, and other crafts.

    Nearly every railroad company must adhere to FELA standards. If a railroad is engaged in interstate commerce, it falls under the FELA.  All of the major Class I, II, and III railroads are covered but so are very small short line railroads if its tracks connect to other railroads tracks that engage in interstate commerce.

    TYPES OF INJURY AND SUFFERING COVERED UNDER FELA

    These types of injuries and suffering can trigger your coverage under the FELA.

    PERSONAL INJURY OR SUFFERING DUE TO EMPLOYER NEGLIGENCE

    Any significant injury incurred while on the job is protected. Your suffering, loss of mobility, and medical bills will all be accounted for in your final claim. 

    REPETITIVE OR CUMULATIVE TRAUMA

    These are injuries that don’t occur as a single traumatic event. Instead, these are injuries that occur over time as a result of your work.  For example, many railroaders incurred repetitive trauma injuries from years of getting on and off moving equipment and bad seats in engines. There are many other repetitive trauma injuries.

    EXPOSURE TO HARMFUL SUBSTANCE

    Being unknowingly exposed to harmful substances is explicitly protected within the FELA. Things like diesel exhaust, benzene, and asbestos exposure can lead to several medical conditions such as mesothelioma. 

    FELA covers this type of complication, but the exposure must be definitively connected to your work on the railroad. This is usually subject to medical opinions and expert witnesses.

    DAMAGES YOU CAN RECOVER UNDER FELA

    The damages that may be recovered under the FELA vary from case to case, depending on the facts. The categories of potential damages that may be recovered include:

    Beyond these essential considerations, a personal injury and FELA lawyer can help you identify damages you weren’t even aware you can claim, making trusted legal counsel an integral component to your compensation.

    THE INJURY CLAIMS PROCESS

    Getting compensation for your worker injury, including damages and medical treatment, usually involves a legal process. Here are some critical notes about you can expect when filing a FETA claim:

    WHO TO REPORT YOUR CLAIM TO

    Injured railroad employees must file their claim either through their employer or through a state or federal court. Every case requires a different route for the most effective outcome, and who you make a claim to will vary based on numerous factors. For the best understanding of your filing options, speak with a Wilkins Schneller representative today.

    FELA IS A FAULT-BASED SYSTEM

    The FELA is not a workers’ compensation claim. Instead, the FELA is a fault-based system – we must prove that your injuries were caused in whole or in part by the negligence of the railroad, its employees, agents, or from a faulty piece of equipment. 

    If an injured worker is 100% at fault for his or her injuries, there can be no recovery under the FELA. However, if negligence can be proven, recovery under the FELA is potentially much more significant than under workers’ compensation.

    TIME IS LIMITED FOR MAKING CLAIMS

    Another essential factor of the injury claims process is that you must file a lawsuit within three years of the time you knew or should have known that your injury was related to your work on the railroad.

    BE AWARE OF COMPANY SUPERVISORS & YOUR RIGHTS

    If you are injured at work, most railroads will send a supervisor to the doctor with you.  While you cannot stop them from going to the facility, you are not required to allow the supervisor into the examination room. The supervisor is not entitled to hear or receive confidential patient-physician information.

    SPEAK WITH FELA LAWYERS TO UNDERSTAND YOUR RIGHTS

    An injury lawyer is essential for dealing with a FELA claim, no matter how big or small. 

    When a work-related injury is reported, the railroad immediately assigns a team of claims people and lawyers to begin working against you on your case.  These people are highly trained and work very hard to defeat or minimize the recovery of the injured railroad. 

    They will take recorded statements of witnesses, perform reenactments of the injury-producing event, collect documents and records, and any other evidence they can use against you to defeat your claim. An experienced FELA attorney knows the tactics of the railroad and knows how to discover the documents and evidence that will support your case. It is important to consult with an experienced FELA attorney as soon as possible after a work injury occurs.

    Kevin has represented individuals and families from all walks of life, helping them obtain the justice and compensation that they deserve. His vast experience with relevant subject matters – including wrongful death, personal injury, and car accident – give him the edge you need on your side throughout the litigation process.

    Between working as an Assistant U.S. Attorney and starting his own nationally recognized law firm, Gerry has the experience and legal chops to solve a wide breadth of personal injury and car accident problems. He has also handled cases in over 20 states around the country and regularly practices in state and federal courts throughout the Midwest.