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Railroad Injury/FELA
- Car Driver Trying to Beat Utah (UT) Commuter Train Kills Self, Passenger
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
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Northeast NC Personal Injury Lawyer
Firm News
- FRA and NTSB Cite Fatigue as Contributing to Railroad Accidents
Posted on 3/11/2010 - Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
This is a list of our firm's case results. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict/settlement you deserve.
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Amtrak Worker Slips on Ice in Richmond, Virginia (VA). Two Knee Surgeries.
Staff: John Cooper, injury attorney, and Roz Hughes, paralegal
Court/Date: Settled before filing suit in the Richmond Circuit Court in 2007.
Case Description: FELA claim against Amtrak (National Passenger Railroad Corporation) by female, on-board service attendant. Our client was a crew member on an Amtrak train traveling from Florida to Washington D.C. She was seriously injured in the winter time because of a failure to fix a leaking water pipe in the water box at the railroad station in Richmond, Virginia (VA). The railroad’s broken equipment caused this lady to fall to the ground hurting her knee. The claim was made against her employer, Amtrak, for negligently allowing the dangerous condition to remain in the workplace.
What Happened: As often happens in slip and fall cases involving ice, the ice formed what is commonly called "black ice." There was no way for our client to see this danger on the walking area where she had to do her job. Amtrak had failed to keep a reasonably safe place to work for this train attendant. The company had failed to inspect the area, repair the leak, and/or warn about the danger of the ice that formed. Because of my years of experience as a lawyer in the world of FELA (Federal Employers’ Liability Act), I was not too concerned that we would be able to prove the fault of Amtrak causing the injury.
Our client immediately reported her injury to supervisor on the railroad. She received emergency medical treatment at an emergency room at a Richmond area hospital, Henrico Doctors Hospital. Initial conservative medical treatment back home in Jacksonville, Florida, like physical therapy and medications, were not enough to control the knee pain from the chondromalacia patella. Ultimately, she saw an orthopaedic surgeon who performed an arthroscopic operation attempting to repair the damage to her knee joint. Later the client was forced to move to Ohio because of her financial situation not being able to earn her regular income from her work at Amtrak. A second knee surgery was performed there to repair problems with the knee, such as chronic pain and popping, that were not better after the first operation. The orthopedic surgeon in Ohio was able to get a good result for the patient, but she still had a permanent impartial impairment which would prevent her from being able to return to her old job on the railroad.
Outcome: Our law firm was able to get a reasonable settlement for the client that she was satisfied with. The client then had enough money to get herself re-established and find a new job outside of the railroad industry. The negotiated payment from the railroad’s claims agent was an amount intended to compensate the woman for her lost wages and her continuing knee discomfort.
Key Legal Strategies: One of the main problems in this FELA case was that the client was having a hard time getting good medical attention that she needed. Initially the client was caught in the typical situation of an injured person after an accident where they are trying to tough it out and keep working and as a result, not getting around to getting to receive appropriate needed medical care. Additionally, the major railroads like Amtrak often play a game where they will cut off the injured worker’s health insurance claiming to need certain paperwork. Then the client has to be able to find a doctor to see them to fill out the paperwork but they don’t have any insurance or enough money to see the doctor to get the paperwork filled out.
When the client had to move to another state she needed a referral for a doctor to treat her knee. From my contacts with other FELA lawyers and some of the top lawyers in the country through groups like the AAJ (American Association for Justice), we were able to find her a doctor who would treat her, providing the best medical care available. Ultimately, the favorable report of the orthopedic surgeon in Ohio forced the railroad’s legal department to pay a reasonable amount for the claim.
Awarded: Case settled after extensive negotiation with Amtrak about what the claim was worth for approximately $150,000.00.
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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
FAQs
Railroad Injury/FELA
- What does Statute 51 of the FELA actually mean?
How is the FELA different from, or similar to, workers compensation?
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?