Florida Railroad Accident FELA Lawyers
Each year, according to the Federal Railroad Administration, there are roughly 7,500 railroad accidents involving the industry’s more than 150,000 employees. The Federal Employers’ Liability Act (FELA) grants injured railroad workers the right to compensation from their employer if their injury was the result of negligence or carelessness by the railroad or because of certain defects in cars, locomotives, machinery, tools, equipment or working conditions. However, the process of pursuing a FELA railroad accident claim can be lengthy and may require litigation. Without an experienced FELA lawyer on your side, you may not receive full compensation for your railroad accident injury.
For over 40 years, Gilman Law LLP has fought hard to protect the rights of injured workers, including those employed by railroads. The Florida railroad accident lawyers at Gilman Law LLP have extensive experience handling FELA lawsuits, and have successfully assisted railroad worker who suffered serious personal injury or death as a result of an accident. The Florida FELA lawyers at Gilman Law will fight aggressively on your behalf to ensure you collect the compensation needed to cover your current and future medical expenses, lost wages, pain and suffering, emotional distress, and other damages. If a member of your family worked for a railroad and died as a result of work-related injuries, the FELA lawyers at Gilman Law LLP can help you collect damages for your loved one’s wrongful death.
FELA Railroad Accident Lawsuits
FELA was passed by the U.S. Congress in 1908 in response to the high number of railroad deaths in the late 1800s and early 1900s. Under FELA, railroad workers who are not covered by regular workers’ compensation laws are able to sue employers over their railroad injury claims. In such cases, recoveries under FELA will generally be far greater than they would be under state workers’ compensation systems.
Railroad injuries eligible for FELA compensation include, but are not limited to:
- Toxic encephalopathy and other injuries stemming from toxic exposures.
- Dislocations or sprains
- Loss of limb
- Permanent disability
- Traumatic brain injury and head trauma
- Knee injuries
- Back injuries
- Neck injuries
- Carpal tunnel syndrome
- Spinal cord injuries
To be eligible for FELA compensation, an injured railroad worker must be able to prove:
- Employment with a railroad that either operates across state lines or handles freight that may cross state lines at some point;
- The injury occurred on the job.
- The injury is due to the negligence or carelessness of the railroad or due to certain defects in cars, locomotives, machinery, tools, equipment or working conditions.
To prove negligence, it must only be shown that the railroad failed to provide a reasonably safe place to work. If your FELA claim is successful, you may be able to recover damages for emotional and psychological distress; payment for past medical expenses and future medical expenses; lost fringe benefits such as vacation pay, medical insurance, and railroad retirement contributions; and past and future lost wages and/or impaired earning capacity. Under FELA, a railroad does not have to be 100% responsible for causing the accident that injured you. For example, if your damages total $100,000, and it is determined that the railroad was 75% at fault, they would pay $75,000.
When you file a FELA railroad accident claim against your employer, they will have a vested interest in defending against it in order to limit their liability, along with the compensation paid to you. The Florida FELA lawyers at Gilman Law LLP are very familiar with the tactics that railroads, insurance companies, and their lawyers use to limit their exposure in railroad accident claims. Our skilled team of medical, legal, and investigative specialists will work together to serve your best interests. Gilman Law LLP has all of the resources needed to fully investigate the circumstances of your injury and to accurately assess the costs and medical needs you face in the future.
Legal Help for Victims of Florida Railroad Accidents
If you were injured in a railroad accident, you only have three years to file a FELA claim against the railroad that employed you. To increase your odds of obtaining the full compensation the law allows, it’s vital you contact the experienced Florida FELA lawyers Gilman Law LLP today. With offices throughout Florida, the personal injury attorneys at Gilman Law LLP are available now to answer all of your legal questions. Please complete our online form or contact Gilman Law LLP at (888) 252-0084 for your free, confidential, no-obligation case evaluation with one of our railroad accident attorneys today.