The possibility of being seriously injured at work is something railroad employees must deal with every day. Even if railroad workers are extremely careful, a railroad carrier’s failure to provide safe working conditions may land a worker in the hospital with severe burns, a traumatic brain injury, an amputated limb, or any number of other possible injuries.
When this happens, our Baton Rouge FELA on-duty railroad accident lawyers are here to help injured railroad workers pursue compensation for their losses.
Don’t trust just any personal injury lawyer with your FELA claim—instead, turn to a team with an impressive track record of helping injured railroad workers.
Our Baton Rouge FELA railroad accident lawyers at Poolson | Oden have over 80 years of combined experience. We will handle your lawsuit while you tend to other important matters like your family and your health. Contact us today for a free initial consultation.
Our Baton Rouge FELA On-Duty Railroad Accident Attorneys Will Help You Get Your Life Back on Track
After suffering a severe on-the-job injury, you likely don’t have the time or energy to research FELA claims. Trying to understand the legal process well enough to gather evidence, complete paperwork, and file a successful lawsuit on your own is daunting.
Hiring a Baton Rouge railroad injury lawyers will remove a huge burden from your shoulders and give you a fighting chance against railroad companies.
If you’re dealing with a serious injury that keeps you out of work for any period of time, you likely also don’t have the money to hire an attorney.
Thankfully, you don’t need to be concerned about that when you turn to Poolson | Oden. Our Baton Rouge personal injury lawyers work on contingency, so you’ll only compensate us if we recover compensation for you, and any fee we earn is taken out of the money we actually recover for you, so you never come out of pocket for our fee – ever. And, if we don’t win your case, you’ll owe us nothing.
In the last five years alone, we have recovered over $30 million for injury victims, including many railroad workers in the Baton Rouge, Louisiana area. Don’t Get Railroaded®—let us handle your FELA case for you.
Don’t Get Railroaded ®
Contact Our Experienced Attorneys Today to Get Back On The Right Track.
What Are the Differences Between the FELA and Workers’ Compensation?
According to the Louisiana Workforce Commission, most employers in Louisiana must carry workers’ compensation insurance for their employees, even if they only have one worker. This program pays medical bills and covers a portion of lost wages for employees who suffer on-the-job injuries.
However, railroad workers are exempt from workers’ compensation – meaning, as a railroad worker, you do NOT have workers’ compensation in Louisiana.
Instead, railroaders must turn to the laws and protections provided in the Federal Employers’ Liability Act (FELA), if they suffer an injury at work and want to pursue compensation for their losses.
There are several crucial differences between workers’ compensation and the FELA, including:
No-Fault vs. At-Fault
Workers’ comp is a no-fault system. This means employees can file insurance claims and get coverage if they suffer an injury at work, even if the injury was their fault.
On the other hand, railroad workers must prove their employer was negligent or didn’t provide a safe working environment to recover compensation.
This means benefits are not guaranteed under the FELA, and many injury victims who choose to represent themselves walk away with very little or nothing.
Because of the specialized nature of these claims, we strongly recommend hiring a Baton Rouge railroad injury lawyer to assist you. We will collect evidence of your employer’s negligence, represent you in negotiations, and ensure your rights are protected.
Ability to File a Lawsuit
Because they have access to workers’ compensation, workers in Louisiana typically cannot sue their employers. All workers’ comp claims are handled through insurance negotiations and “comp court”.
However, the FELA allows railroad workers to file lawsuits against their railroad carrier employers for negligence. Railroad companies and managers must provide railroad workers with a reasonably safe place to work, and if they do not do everything possible to uphold important safety standards and protect their workers, you must prove that in a federal or state court of law.
If your railroad employer did not provide a safe work environment for you, you have the right to sue them under the FELA.
Damages That Injured Workers May Recover
The damages available under workers’ compensation are limited. According to the Louisiana Workforce Commission, these typically include coverage for medical expenses, a portion of lost wages, and, in some cases, permanent disability or death benefits.
However, workers’ comp does not allow for non-economic damages like pain and suffering, and total compensation is capped.
The damages you can claim under the FELA are similar to those available to personal injury victims after a car crash or slip-and-fall accident caused by negligence. They generally include:
- 100% of medical bills related to treating their injuries
- 100% of lost wages and benefits
- Pain and suffering and other non-economic damages
- Wrongful death damages, if applicable
There are no limits on damages you can seek under the FELA, and the amount you qualify for may be significant. Your Baton Rouge personal injury lawyer can evaluate your case and help you understand what to expect.
How Much Time Do You Have to Sue Your Employer Under the FELA?
You generally have three years to file a lawsuit against a negligent railroad employer under the FELA. If your on-duty injury occurred gradually, such as the development of an illness due to chemical exposure or a repetitive stress injury like a herniated spinal disc caused by lifting heavy loads, it can be challenging to determine the exact time limit for your case.
When you turn to us for help, you won’t have to worry about missing or misinterpreting the deadline. Your Baton Rouge FELA on-duty railroad injury attorney from Poolson | Oden can establish the correct statute of limitations and ensure you file your lawsuit on time.
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Let Our Baton Rouge FELA On-Duty Railroad Accident Lawyers Help You Stay on Track™
If you’ve suffered an on-duty railroad injury, seek immediate medical attention, and then call Poolson | Oden. A FELA on-duty railroad accident attorney from our team can get started on your case immediately, allowing you to focus on your recovery and rest assured that your future is in good hands.
Contact us today for your free consultation.