Rail crossing accidents are among the most common causes of serious injuries to rail employees. When railroad carriers ignore worksite safety rules at rail crossings, the consequences can be disastrous for railroad employees.
If you have been injured at a rail crossing while on the job, you need to speak to a National railroad FELA lawyer from Poolson Oden. Railroad workers have enhanced injury protections under federal law and may be entitled to compensation for their medical bills, lost work income, and more.
Our team has recovered millions of dollars for deserving clients. Contact us today to discuss your issues with a national FELA railroad worker crossing accident lawyer.
Why Choose Poolson Oden for Legal Representation
Our National railroad injury lawyer at Poolson Oden have over 80 years of combined legal experience and extensive experience litigating rail worker claims. The majority of our practice focuses on rail workers’ injuries and railroad employment matters, so we are uniquely suited to represent you in your injury case.
Injured rail workers may be facing a long and difficult road to recovery ahead of them. We understand your pain and know how to approach rail worker injury claims under federal law. We can help injured workers receive the medical treatment they need, and have an in-house medical records coordinator.
We are Union-approved legal counsel for several rail worker unions and have litigated cases for members of the Brotherhood of Locomotive Engineers. Rail employees work tirelessly to keep our nation on track, and they deserve a law firm that will stand up for their rights and interests.
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Accidents at Rail Crossings Can Cause Severe Injury
Rail crossings are a common site for injuries because they are where motorist and rail traffic intersect. Below are common types of accidents that are of particular concern for rail employees working at crossings.
- Motor vehicle collisions. Railworkers are at risk of accidents from passenger vehicles and commercial trucks. Negligent drivers might attempt to drive over tracks and get stuck, injuring nearby workers.
- Obstructed views. The environment surrounding rail crossings may obstruct visibility, causing workers to be struck by moving machinery or equipment.
- Malfunctioning infrastructure. Rail crossing infrastructure, like gates and lights, can malfunction and cause injuries during maintenance and replacement.
- Defective equipment. Railworkers can also sustain injuries due to defective safety equipment or worksite machinery (e.g., tie exchanger).
Rail workers are entitled to a reasonable degree of safety and security on the worksite. When injuries occur because a railroad carrier fails to maintain a reasonably safe worksite, employees can recover financial damages.
How FELA Works for Railworkers
The Federal Employers’ Liability Act (FELA) is a federal law signed in 1908 that imposes liability on railroad carriers for employee injuries due to negligence. In other words, if you’re a railworker and are hurt on the job, a national FELA railroad worker crossing accident lawyer may be able to help you sue your employer for negligence or safety violations.
Generally, workers’ compensation laws in the US make it so employees can’t sue their direct employers. FELA establishes an exception to these rules specifically for railroad employees. Railroad companies that engage in negligent practices can be legally liable for resulting employee injuries.
The main benefit of suing your employer for negligence under a FELA claim is that you can recover a greater range of financial damages than workers’ compensation would allow, including the full value of lost pay and non-economic damages.
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Compensation You Can Recover in a FELA Rail Crossing Accident Lawsuit
Compensation available in a FELA rail crossing accident lawsuit includes damages for both economic and non-economic losses, such as:
- Emergency medical bills and future necessary medical expenses
- Value of lost work income and other lost employment compensation
- Reductions in your lifetime earning capacity due to permanent disability
- Pain and suffering, emotional distress, and mental anguish
- Out-of-pocket injury-related expenses
- Cost of replacement household services
- Discomfort and inconvenience from scarring and disfigurement
Rail crossing injuries can lead to permanent complications and losses in your quality of life. We understand the extended effects of railroad accidents and can account for atypical and long-term losses associated with these injuries.
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Time Limit for Filing a Railroad Crossing Accident Claim Under FELA
In most cases, lawsuits under FELA must be filed within three years of the injury date. The nature of rail injuries means they are usually immediately obvious, but hidden injuries are possible.
In these cases, the three-year time limit won’t start until you discover your condition or could have discovered it through reasonable diligence. However, invoking this discovery rule has a high standard of evidence, and you shouldn’t rely on it to protect your claim.
Instead, the best option is to talk to a personal injury lawyer as soon as possible. They can gather evidence, submit claims paperwork, and gather additional information for the next steps.
Contact a National FELA Railroad Worker Crossing Accident Lawyer
Injured rail workers need a lawyer who’s unafraid to pursue employers when their wrongdoing causes harm. Our team can use every resource and strategy at hand to protect your right to a safe and secure workplace. Contact a national FELA railroad worker crossing accident lawyer today from Poolson Oden to schedule a free case consultation.