Railroad Accident Attorneys Birmingham, AL
Alabama FELA Injury Lawyer For Railway Worker Claims
Conductors, engineers, signalmen, baggage handlers and other railroad workers are constantly exposed to the risk for harm or death, due to the inherent dangers of the rail industry.
In response to the large numbers of injuries and fatalities to rail workers at the turn of the 20th century, the Federal Employers Liability Act (FELA) was enacted by Congress in 1907 to compensate railroad employees for injuries received on the job. The legislation was also used to induce railroad companies to implement safer work practices, by holding them legally and monetarily accountable for their negligence.
The Right to Recover Damages under FELA
The Birmingham railroad accident attorneys at Wininger Law Firm, LLC, have assisted injured rail workers for almost 50 years in actions under the Federal Employees Liability Act.
Under FELA, an injured railroad worker has the right to recover damages for:
- Past and future wage loss, and benefits
- Past and future medical expenses
- Long term disability
- Permanent injury
- Vocational training costs
- Disfigurement and scarring
- Pain and suffering
- Emotional distress, loss of enjoyment of life
Establishing a Case against the Railroad for Negligence
Under FELA, railroad workers are granted special protection and have the potential to receive greater financial compensation than do non-rail workers who file workers compensation claims. Workers compensation allows for reimbursement for medical costs and wage loss only.
In order to receive compensation, a railroad worker must establish in court that the railroad’s negligence (through an employee, contractor, or agent) contributed to, or caused the injuries sustained by the worker during the course and scope of his employment.
If the worker’s own negligence contributed to his injury, his FELA award will be reduced by his share of the fault. This means that if the rail employee was 60% responsible for his injuries, his award would be reduced by 60%, and the railroad would only have to pay for 40% of the damages.
Traumatic and Lethal Railroad Injuries
Unsafe or dangerous work conditions, safety or operating violations, or faulty equipment can lead to traumatic injuries such as bone fractures, crush injuries, traumatic amputation, spinal cord injuries, or even death to railroad workers.
Repetitive stress or cumulative trauma injuries in train workers are often caused by repetitive motion and can lead to deterioration of the tissues, ligaments, cartilage and bones.
Although toxic solvents have been phased out by railroad companies, those workers who experienced long term exposure to trichloroethylene (TCE) and other solvents, between the 1960s to the 1990s, have potential claims for toxic encephalopathy. Toxic encephalopathy is a degenerative and potentially fatal brain disease caused by reduced flow of oxygen to the brain.
We represent families of workers who have tragically lost their lives in work-related railroad accidents. Talk to a wrongful death attorney at Wininger Law Firm at 888.808.INJURY.
We are strong advocates for rail workers who have been seriously injured at work due to:
- Toxic Solvent and Asbestos Injuries
- Neck and back injuries
- Loss of Limbs; Traumatic Amputation
- Traumatic Brain Injuries and Spinal Cord Injuries
- Repetitive Stress Injuries; Lifting Injuries
- Single Event or Cumulative Event Injuries
- Hearing loss
- Slip and Fall Injuries
The railroad will do everything possible to limit the value of your FELA claim. Railroad company claim agents, attorneys and medical staff will work together to dispute your claim, minimize your injuries, and intimidate you into dropping your claim or settling for less.
Protect yourself by hiring a knowledgeable and experienced Alabama FELA injury lawyer at Wininger Law Firm in Birmingham. Our highest priority is to protect your rights and to win you full compensation for your injuries and damages. Call us today at 888.808.INJURY to get your FELA claim started.