Fighting for Injured Railroad Workers
If you’re a railroad worker who has suffered an injury on the job, you deserve a lawyer who can protect your rights. Before you agree to any FELA settlement, make sure your real costs have been fairly assessed by an experienced FELA injury attorney.
The railroad industry comes with many unique challenges and risks. Workers take on these hazards on condition that safety measures are in place to prevent danger, and that you’ll be compensated for any work-related injuries that may occur.
With years of experience handling railroad worker injury cases, The Lyon Firm is committed to advocating for workers’ rights and helping them get the financial support they deserve. On this page, you’ll find valuable information about the FELA legal process, common types of railroad-related injuries, and the steps you can take to protect your interests.
We believe every railroad worker deserves fair treatment and compensation for their injuries, such as cancer from exposure to diesel exhaust fumes. If you’ve been injured on the job, please contact The Lyon Firm online or call (513) 381-2333 for immediate assistance.
Your well-being and future are our top priorities, and we are here to guide you through the complexities of FELA railroad lawsuits.
What Is FELA?
FELA stands for the Federal Employers’ Liability Act and outlines your rights as a railroad worker. Like workers’ compensation, FELA helps people who get hurt at work.
However, unlike workers’ compensation, FELA is specifically designed for railroad workers and is a federal program, not a state one like workers’ compensation.
FELA was established to ensure that injured railroad workers have a legal avenue to seek compensation whether their injuries are a result of long-term exposure, accidents, or negligence.
Railroad companies have an incentive to downplay your costs and their liability for FELA claims. Also, FELA tends to be more complicated since it differs from state laws. Therefore, it’s a good idea to chat with a FELA lawyer who has experience navigating this sort of law when considering filing a lawsuit.
How Can Employers Violate FELA?
Railroad employers have a responsibility to create a healthy workplace for employees. Unfortunately, they sometimes fall short, leading to dangerous conditions that put the health and lives of these hardworking Americans at risk.
Violating FELA means failing to provide a safe working environment or properly maintaining equipment, which can lead to serious injuries. For instance, if a railroad fails to repair broken machinery or doesn’t train employees on safety procedures, it can be held accountable under FELA.
Here are some common ways employers might violate FELA:
- Neglecting Equipment Maintenance: Failing to fix or properly maintain machinery and tools, leading to accidents or injuries.
- Ignoring Safety Protocols: Not following safety rules or procedures, putting workers at risk.
- Inadequate Training: Failing to provide proper training on how to use equipment safely.
- Unsafe Working Conditions: Allowing hazardous conditions, like toxic diesel fumes or unstable work surfaces, that could cause accidents.
- Retaliation: Punishing workers who report unsafe conditions or injuries, which is against FELA rules.
“Mr. Joe Lyon went above and beyond what was necessary in helping me through every step of my wrongful death lawsuit. Showing actual concern and empathy for my situation. All I can say is thank you for everything.”
- Client: Lance Grotevant
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Most Commonly Claimed FELA Injury
Railroad work involves many risks, and injuries can arise from various sources. Here’s a breakdown of the types of injuries that may be covered under FELA:
- Toxic Exposure Injuries: exposure to harmful substances like diesel exhaust, benzene, ballast dust, creosote, welding fumes, or hazardous cargo materials may result in injuries like silicosis, asbestosis and lung cancer.
- Accident Injuries: accidents on the job, such as train derailments or crashes, can cause both physical and psychological trauma, including broken bones, head injuries, back, neck, and joint injuries, internal bleeding, and lost limbs.
- Injuries Due to Negligence: train track defects, crossing signal malfunctions, conductor failures, inadequate training, or improper maintenance.
- Occupational Conditions: certain job-related conditions can develop over time, such as hearing loss or repetitive strain injuries.
- Other Serious Injuries: Fires, electrical hazards, and other major accidents can lead to burns, electrocution, or disfigurement.
- Wrongful Death: due to injury, infection, or other liable causes (like exhaustion due to an unsafe work schedule).
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If you’re hurt on the job as a railway worker, your injuries and losses deserve to be fully covered. A FELA lawyer at The Lyon Firm can help ensure you secure all you’re entitled to.
Diesel Exhaust Exposure FELA Injury
Diesel fumes are a major concern for railroad workers because long-term exposure can lead to serious health problems, including cancer. Studies have found that railroad workers exposed to diesel exhaust are at an increased risk of lung cancer.
Diesel engines release harmful chemicals like benzene and formaldehyde. Both of these are known carcinogens, which means they increase the risk of cancer.
If employers don’t take steps to reduce these emissions or safeguard their employees, they could endanger the workers’ lives. Here’s how diesel exhaust fumes can cause cancer in railroad workers:
- Prolonged Exposure: Spending long hours around diesel engines can significantly raise the risk of respiratory problems and cancer over time.
- Lack of Ventilation: Areas with poor airflow where diesel engines are used can trap harmful fumes, making the air unsafe to breathe.
- Inadequate Protective Measures: Failing to provide protective gear or other measures to cut down on diesel fumes puts workers in danger.
- Failure to Monitor Air Quality: Not regularly checking and improving the air quality in places with diesel engines can lead to harmful working conditions.
If you or a loved one suffered through terrible working conditions like the ones listed above and later developed cancers, you may be eligible for significant financial support.
Your employer may not be your friend. The railroad company may try to challenge your injury claim and build a counter-case using their own doctors. This is why it’s essential you obtain a medical opinion from your doctor or qualified specialists.
The Lyon Firm can help you access the medical and financial professionals you need with our network of connections. Contact us online or call (513) 381-2333 to learn more about what our FELA lawyers can do for your case.
What Types of Compensation Are Available Through FELA Settlements?
FELA settlements are typically the result of negotiations between your attorney and the railroad company’s legal representatives or insurance company. You may be able to recover various types of damages in a FELA lawsuit, including:
- Past & Future Medical Expenses: This includes past and future medical bills related to your injury like surgeries, medications, and follow-up appointments.
- Lost Wages: Compensation for past and future income lost due to your injury, as well as other job-related benefits like retirement contributions or health insurance.
- Pain and Suffering: These are damages related to the physical and emotional toll of the injury. This could include PTSD after a traumatic accident or compensation for any permanent disabilities.
- Punitive Damages: Sometimes, if it’s shown that the employer was extremely careless or malicious, extra money called punitive damages might be given. This is meant to punish the employer and stop them from committing similar actions in the future.
- Wrongful Death: FELA provides the right for surviving family members to sue the railroad company for wrongful death after the loss of a loved one.
Having an attorney experienced in FELA claims can significantly impact your claim’s outcome. A skilled lawyer understands how to negotiate effectively and advocate for your best interests.
For example, a Martindale-Nolo study revealed that over nine out of ten people received a settlement or award when working with a lawyer, compared to about half of those who handled their claim on their own.
Our goal at The Lyon Firm is to ensure you receive fair compensation for your injuries, lost wages, and any other losses resulting from your railroad-related injury.
We have represented individuals against massive national and international corporations and achieved significant verdicts and settlements for workers and their families. To learn more about how we can serve you, reach out to us online or call (513) 381-2333 today.
“When railroad workers get injured, it’s more devastating than just the physical pain. Your family, your finances, and your future can all feel like it comes crashing down. At The Lyon Firm, we fight with the kind of dedication to make a real difference, not just for you, but for railroad workers across the country.”
Joe Lyon,
Founding Partner of the Lyon Firm
How Does a Lawyer Help Your FELA Case?
A FELA attorney can play a critical role in helping with your lawsuit in several ways:
- Legal Knowledge and Research: FELA is a complex area of law, and having a lawyer who is well-versed in FELA claims means you have someone with in-depth knowledge of the law, its requirements, and how to navigate the legal process effectively.
- Evidence Gathering: Your lawyer will help gather and preserve evidence crucial to your case. This can include accident reports, medical records, witness statements, and expert testimony to establish negligence on the part of the railroad company.
- Calculating Damages: Your attorney will help you assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more. We’ll work with medical and financial professionals if needed to ensure you are compensated appropriately.
- Negotiation and Representation: FELA cases often involve negotiations with the railroad company or its insurance carrier. Your lawyer will negotiate on your behalf to secure a fair settlement. If a reasonable settlement cannot be agreed upon, your attorney can also represent you in a trial. However, these cases rarely go to trial, as it is in the railroad company’s best interest to settle lest they are ordered to pay more.
If a settlement offer is made, your lawyer will review it carefully to ensure it’s fair and in your best interest. We can advise you on whether to accept the offer or file a lawsuit. However, the choice of how to proceed will always be your decision.
Having a skilled FELA attorney on your side can make a significant difference in the outcome of your case. We’ll work tirelessly to protect your interests and help you obtain the compensation you deserve if you’ve been injured while working on the railroad.
Comparative Negligence in FELA Lawsuit
In FELA cases, the principle of comparative negligence allows injured workers to seek compensation even if they are partly at fault for their injuries. This means that as long as you’re not 100% responsible, you can still hold the railroad accountable and recover damages.
However, unlike “no-fault” workers’ compensation, FELA claims need you to show that the injury was caused by some level of negligence—whether it’s from unsafe work conditions, faulty equipment, or lack of proper training.
That’s where a FELA lawyer steps in. When it comes to filing a claim, having an attorney with a strong understanding of FELA can be critical for a few important reasons to prove negligence on your employer’s part. Here’s why:
- Safe Work Environment: Employers must provide a reasonably safe place to work. If your work environment was unsafe, your lawyer can help prove this.
- Frequent Inspections: Employers need to regularly check for hazards. Your lawyer can show if these checks were skipped or done poorly.
- Proper Equipment: You’re entitled to have safe and effective tools. If the equipment was faulty, a lawyer can help demonstrate this.
- Training and Supervision: Employers must provide good training and supervision. A lawyer can prove if you were not properly trained or supervised.
- Protection from Harm: Employers must protect you from intentional harm by others. Your lawyer can show if supervisors or coworkers were at fault.
- Enforced Safety Regulations: Safety rules must be followed. A lawyer can help prove if these rules were ignored.
If you can show that your employer didn’t meet these duties and it contributed to your injury, even a little, you might be eligible for compensation. Doing all of this on your own can be difficult, but an attorney can take care of each of these steps, so you don’t have to worry about it.
Contact FELA Railroad Injury Attorneys
FELA covers all railroad employees, including those who work for interstate railroads. It does not cover employees of state and local governments or some small, local railroads.
FELA covers a wide range of injuries, including those resulting from accidents, exposure to hazardous materials, and repetitive stress injuries. It also covers occupational illnesses related to working on the railroad.
You may be able to recover various types of monetary awards, including medical expenses, lost wages, and pain and suffering compensation. These funds could help improve your health, and provide financial stability for your family.
If you have been injured as a railroad worker and need assistance understanding your rights, it is important that you get in touch with a FELA injury attorney right away.
Why Hire The Lyon Firm for FELA Railroad Claims?
The Lyon Firm has nearly two decades of experience representing injured workers on railroads, ships, and other industrial jobs that cross state or international lines.
We have supported workers in getting the financial support they need if they get hurt or fall ill because of work conditions. Our firm has recovered millions for our clients, including $2.3 and $2.7 million in separate cases concerning steel mill workers who developed mesothelioma from asbestos exposure.
Joe Lyon is motivated to use the law to help families overcome medical and financial hardships, and make changes to prevent others from suffering the same types of harm.
Don’t go up against the railroad company alone — contact The Lyon Firm online or call (513) 381-2333 as soon as possible. Your case’s success may play a crucial role in ensuring the safety of other workers by holding the railroad company accountable for workplace safety violations.
Why Are These Cases Important?
Rightful compensation for plaintiffs can recover sizable settlements to help pay for mounting medical expenses and other damages, including long-term disability, rehabilitation, pain and suffering, and lost wages. During some of the toughest times in a family’s life, The Lyon Firm is here.
Filing Occupational Injury Lawsuits
Many of my clients come to me in the hardest moments of their lives. They’ve suffered an occupational lung disease injury, they’ve lost a family member, and their health and financial situation have deteriorated. These are serious losses that they may not be able to overcome.
The fear of the future and uncertainty have driven them to come to a lawyer and ask, “What available legal rights are there?” in order to add some security for their future. The Lyon Firm takes the lead and guides clients through the process of filing catastrophic workplace injury lawsuits.
