If a Railroad Violates Certain Federal Laws or Regulations, They are Liable for the Damages Caused by the Violation.

Railroad Worker Injuries

The Federal Employees Liability Act (FELA), Federal Safety Appliance Act (FSSA) and the Federal Locomotive Inspection Act (LIA) mandate that a railroad maintains their fleet, ensuring that their trains are in good working order and free of defect. 

If a railroad does not comply with these standards, they may be 100% liable for your damages.  Under current standards the damages you may receive include medical treatments, present and future lost wages and mental trauma.

An injury on the railway can range from a minor sprain to a spinal injury so severe that it leads to death.  Some of the most common injuries that affect railway workers are:

• Head trauma and brain injuries
• Knee injuries
• Back injuries
• Neck injuries
• Carpal tunnel syndrome
• Spinal cord injuries

You can be sure that your employer will call their lawyer as soon as a serious accident occurs.  The railroads attorney will act as if they have your best interests at heart.  However, any lawyer that works for the railroad is concerned with the company’s bottom line, not your pain and suffering.

To battle the railroad giants you must have an experienced team of FELA lawyers on your side.  If you are serious about your claim you need serious representation.  At Schechter McElwee, Shaffer & Harris, L.L.P., we have over 100 years of experience in personal injury law.  Though we are located in Texas we welcome the toughest cases from around the country.  If you or a loved one has been involved in an on the job railroad accident, please call today for your free consultation.

FELA Claims

The Federal Employees Liability Act (FELA) was enacted in order to help injured railroad workers and their families bring claims against their employers.  According to The Brotherhood of Locomotive Engineers and Trainmen (BLET), FELA requires Railroads to maintain a safe working environment, provide proper tools and equipment and adequate help or training to their employees.  If they fail in any of these areas, they can be found negligent. 

If your employer is negligent, even in a small way, a FELA claim can be filed.  An accident does not have to be 100% the fault of the railroad in order for you to file and win your FELA claim.  If, for example, your damages total $100,000, and it is determined that the railroad was 75% at fault, then they would pay $75,000.  Of course, if it is found that the railroad is 100% at fault, they would be responsible for all of the damages.

If you need help filing your claim or believe that your case is being undervalued please do not hesitate to contact us today.  With over 100 years of combined experience the railroad injury lawyers at Schechter McElwee, Shaffer & Harris, L.L.P.  understand every inch of railroad acts, regulations and laws.  We will make the law work for you.  At SMSH our experience and results cannot be matched.  Please call today for your free consultation.

Blog for Railroad Injury Lawyers | FELA Claims

• James Knell's Widow Files Suit, MTA Supervisor Killed On The Job | Train Accident Attorney

  Description: Jackie Knell, widow of MTA supervisor James Knell who was killed on the job last April has filed a $50 million wrongful death lawsuit against the city of New York. James Knell, 45, was electrocuted when he came into contact with the third rail at the Beach 90th Street A Station in Queens.

• CSX Employee Hit, Killed by Train in Hanover County Railyard | Virginia FELA Lawyer

  Description: Train Conductor Marshall W. Conner, 54, a 26-year veteran railroader was hit and killed by a northbound freight train traveling a parallel track while he was conducting an air brake test at a CSX yard north of Richmond, Virginia in Hanover County.

• Jury Awards Former Iowa Interstate Railroad Train Conductor $33 Million

  Description: In Rock Island County, Illinois, Andrew Schulte, a former Iowa Interstate Railroad train conductor, was awarded $33 million in damages by a jury last week to compensate him for his April 2007 Railroad Personal Injury Claims. Mr. Schulte was trying to pull a pin on a rail car when the pin lifter stuck, causing him to trip and fall, leading to his being struck and run over by a another rail car. He sued Iowa Interstate Railroad after undergoing a double-amputation of both his legs and the loss of his bowels. Mr. Schulte underwent multiple painful surgeries.

• Railroad Workers With Repetitive Stress Injuries
• Speaking out about a Fatal Train-car Collision in North Carolina

  Description: A fatal train-car collision killed a young mother and her 5-year-old son, Nicholas Lindsay. The mother drove under the train's crossing arms and her Toyota hit on the tracks by a Norfolk Southern Railroad traincar. We have handled the toughest Railroad Injury cases from around the country. If you or a loved one has been involved in an on the job railroad accident, please call (800) 282-2122 today for your free consultation or email us at info@smslegal.com.

• Railroad Employer Liable for Parking Lot Injury

  Description: The Nebraska Supreme Court found Union Pacific Railroad Co. liable under the Federal Employers' Liability Act (FELA) for injuries sustained by a conductor injured while walking from the company-owned parking lot to his office. We have handled the toughest Railroad Injury cases from around the country. For your on the job railroad accident, please call (800) 282-2122 today for a free consultation or email us at info@smslegal.com.

• Should I get a lawyer to file my FELA injury claim?
• Court grants arbitration case involving labor dispute in railroad industry

Library for Railroad Injury Lawyers | FELA Claims:

• How to Protect Your Rights Under the FELA
  Description: How railroad workers injured in the course of their work can protect their rights under the FELA.

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Frequent Questions for Railroad Injury Lawyers | FELA Claims:

• How much money should I expect for my railroad injury claim?
• How long do I have before I resolve my railroad injury claim?
• Should I give the claim agent a recorded statement?
• When I suffer an injury, what do I need to do?
• When I suffer an injury, am I covered by Workers' Compensation?

Web Resources for Railroad Injury Lawyers | FELA Claims:

• Federal Railroad Administration (Department of Transportation)

  Description:

  The Federal Railroad Administration (FRA) was created by the Department of Transportation Act of 1966 (49 U.S.C. 103, Section 3(e)(1)).  The purpose of FRA is to: promulgate and enforce rail safety regulations; administer railroad assistance programs; conduct research and development in support of improved railroad safety and national rail transportation policy; provide for the rehabilitation of Northeast Corridor rail passenger service; and consolidate government support of rail transportation activities.  Today, the FRA is one of ten agencies within the U.S. Department of Transportation concerned with intermodal transportation.  It operates through seven divisions under the offices of the Administrator and Deputy Administrator.

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Arthur L. Schechter, Matthew D. Shaffer and Jonathan S. Harris are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Our Newsletters

August 2010 Texas Injury Lawyer Newsletter

SMSH Maritime Lawyers July 2010 Newsletter

SMSH Maritime Lawyers April 2010 Newsletter

SMSH March 2010 Firm Newsletter

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