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  • Should I get a lawyer to file my FELA injury claim?

    by Matthew D. Shaffer on November 27, 2009

    In 1908, Congress passed the Federal Employees Liability Act, more commonly known as FELA, a comprehensive law designed to protect the rights of injured railroaders and their families.  FELA applies to all railroads and their employees.  FELA is the only avenue of legal recourse for most causes of action the employee of a railway may have against his employer.  A FELA case may be brought either in state or federal court.  Railroad Employers are covered by FELA and this law obligates them to provide a safe workplace and safe work environment.  FELA protects engineers, brakeman, switchman, and other railwaymen and railroad workers who have injured on the job or even killed at work.

    Most, if not all, jobs in the rail industry are dangerous.  FELA Railroad Employees work with multiple moving parts and heavy machinery, while trying to quickly and efficiently.  Railroad injuries are frequent and can include hearing loss, back and neck injuries, chemical and asbestos exposure, shoulder and knee problems, amputations, burns, repetitive injuries like carpal tunnel syndrome, many other more catastrophic injuries, and even death.

    It is very important for all railroad employees involved in on-the-job accidents to report their accident or injury immediately. An injured FELA worker should also relay whether faulty tools or improprly operating equipment was involved in the accident so that the defective items can be identified and future accidents can be prevented. 

    According to the Federal Railroad Administration's Office of Railroad Safety, the most common types of railroad are:

    • Collisions
    • Highway-rail and trespassing incidents
    • Derailments


    Other common causes can be:

    • Collision with a car or bus
    • Mechanical failure that leads to an accident
    • Inadequate security on the train
    • Dated and unsuitably maintained tracks
    • Conductor Negligence


    If you have been injured while working for the railroad, you should consider hiring a Train Accident Attorney or FELA Lawyer.  You do not have to use the Union-appointed lawyer.  Please contact our firm, Schechter, McElwee, Shaffer & Harris, LLP, the firm with over 100 years of combined experience handling federal personal injury cases.  We get serious results and are available to provide a free consultation for your railroad injury lawsuit over email at INFO@SMSLEGAL.COM or at (800) 282-2122.

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