Train engines, freight cars, grueling conditions, dangerous obstacles, and heavy machinery create substantial dangers for those who earn a living on railroads. Railroad employees are, fortunately, protected by an important federal statute, the Federal Employers’ Liability Act. If you are a railroad worker who was injured on the job, you need to work with an experienced Norfolk FELA lawyer who knows the most effective methods of pursuing the financial compensation you are entitled to under the Federal Employers’ Liability Act.
At Shapiro, Washburn & Sharp, our Norfolk FELA lawyers have more than 100 years of combined experience representing injured railroad workers and their families across the eastern United States. Our attorneys also handle FELA cases involving job-related illnesses caused by exposure to hazardous substances and chemicals typically found around railroads.
We work diligently to help railroad workers defend their rights and recover their losses. If you were injured in your capacity as a railroad employee or are experiencing health issues related to railroad work, we are here to help. Call us today to schedule a free legal consultation.
What Are FELA Claims?
In 1908, Congress passed the Federal Employers’ Liability Act in order to address the shockingly high accident rate in the railroad industry. This act affords railroad workers specific rights if they are hurt on the job.
According to the workers’ compensation laws in most states, including Virginia, employees are generally not permitted to file lawsuits against their employers for on-the-job injuries, even if their employer was to blame. They typically have to depend on the workers’ comp insurance that is supplied by their employers.
Under FELA, however, railroad workers are exempt from this condition. If you were injured while performing duties within the scope of your employment and your injury was the result of employer negligence, you could be eligible to file a claim under FELA. These claims are designed to ensure that injured workers can recover financial compensation for their injuries and damages arising from the accident. Compensation under FELA includes losses such as medical bills, lost wages, pain and suffering, and decreased quality of life.
What Are the Steps Involved in Filing a FELA Claim?
If you feel you have grounds for a FELA claim, you need to take action right away. The statute of limitations for FELA claims is three years from the day your accident took place or your illness was discovered. Listed below is a basic outline of the steps involved in filing a FELA claim. Our Norfolk FELA lawyers will answer any questions or address any concerns you may have during your free one-on-one consultation.
Seek Immediate Medical Attention
If you are injured while working for the railroad, your priority after an accident should be to seek medical attention as soon as possible. Even if you think you managed to escape serious injury, it is always a good idea to be medically evaluated. The faster you receive medical attention, the more straightforward the link between your accident and your injuries will be. Keep a folder containing copies of all medical records from your initial hospital visit, as well as any follow-up care.
File an Incident Report
Following a workplace accident, always report any injuries to your immediate supervisor as soon as possible. Give them a detailed and clear account of what happened, including how, where, and when your accident took place. Once you document the incident in writing, be sure to retain a copy for your records.
Talk to a Norfolk FELA Lawyer
Reach out to a law firm that has extensive experience in handling FELA claims. Although you are not obligated to have a lawyer before you file, partnering with a knowledgeable attorney can considerably improve your odds of receiving the financial compensation you are entitled to. During your free consultation with a Norfolk FELA lawyer at Shapiro, Washburn & Sharp, we can determine whether or not you have a legitimate claim, ensure you understand all of your legal options, and advise you on your next steps.
Investigate the Incident
After you sign with our firm, we will launch an investigation into your accident and collect strong evidence that supports your claim. These investigations normally include questioning eyewitnesses, gathering pertinent documents, working closely with expert witnesses to evaluate employer negligence, and calculating how much compensation you are owed for your injuries and other damages.
File Your FELA Claim
Once we build a strong case with solid supporting evidence, your lawyer will file a FELA claim on your behalf and try to negotiate a fair settlement with the railroad. If they refuse to make a fair offer, we will file a formal lawsuit.
Does FELA Cover Fatal Railroad Accidents?
Yes, of course. FELA claims can cover fatalities arising from Virginia railroad accidents. When a railroad worker is fatally injured on the job, FELA allows surviving family members to pursue financial compensation.
If you plan on filing a FELA wrongful death claim on behalf of a deceased relative, your damages may cover losses such as:
- Funeral and burial expenses
- Lost earnings
- Lost support and household services
- Loss of education, nurturing, training, and guidance for surviving children
- Pain and suffering experienced by the victim before death
All We Do Is Injury Law
When you partner with an experienced FELA lawyer from Shapiro, Washburn & Sharp, you are working with someone who understands what you’re going through. since it’s founding in 1985, our law firm has filed hundreds of claims for Railroad workers and occupational disease types of claims as well. We have represented engineers, conductors, track maintenance workers, signal workers, and foremen. We will study the facts of your case, locate essential documents, conduct inquiries with eyewitnesses, and assemble the evidence you need to build a compelling claim and give you the best chance possible at collecting maximum compensation.
For example, in one recent case, we achieved a $978,000 verdict for a client who was employed as a locomotive engineer for a freight railroad when he injured his shoulder in the line of duty. The injury was later diagnosed as a torn glenoid labrum, a condition that was worsened during a collision between his train and a stationary railcar.
If you sustained an on-the-job injury due to employer negligence in the scope of your employment as a railway worker, reach out to our nationally recognized Norfolk FELA lawyers at (833) 997-1774 or via our online contact form to schedule a free legal consultation. Our offices are located in Norfolk, Portsmouth, Hampton, and Virginia Beach; however, our personal injury law firm proudly represents injured and deceased railroad workers across the eastern United States.