Nationally Recognized Railroad Accident Injury Attorneys
If you are a railroad worker injured on the job, you are entitled to seek compensation under the Federal Employers’ Liability Act (FELA). Unlike traditional workers’ compensation laws, FELA allows injured railroad employees to recover damages for injuries caused by the negligence of their employer, co-workers, or even equipment manufacturers. As railroad injury lawyers, we understand the unique challenges that come with these cases and are committed to helping injured workers secure the compensation they deserve.
With decades of experience representing injured railroad workers, we have successfully handled FELA claims for clients across the eastern United States. Contact us today at (833) 997-1774 for a free consultation and case evaluation to discuss your rights and options.
Leaders in Railroad Injury Law
Not only have we represented hundreds of injured railroad workers, but we are also leaders in the legal profession in railroad worker injury litigation.
Firm partner Richard N. Shapiro has twice served as Chair of the Railroad Law Section of the nation’s largest trial lawyers association, the American Association for Justice. In addition, Rick is the co-author of a legal treatise on railroad law titled, Railroad Health and Safety; a Litigators Guide. Rick is recognized as a national authority on railroad worker injury law, possessing in-depth knowledge of the FELA statute.
Download Our Guides for Injured Railroad Workers
Our nationally recognized railroad accident injury lawyers offer two downloadable legal guides focused on railroad worker injury law. We can send oneor both of these guides in PDF format to your email inbox.
The first guide focuses on the common tricks and tactics used by railroad claims adjusters to try and reduce or deny an injured rail worker’s claim.
The second guide focuses on the unique legal rights available to injured rail workers, including the rights available under the Federal Employers’ Liability Act.
Our Support of the Railroad Community
We are committed to railroad workers, including our support of and charitable contributions to the Yardlimits Fallen Brother Fund.
Our firm has also been proud to help families harmed by railroad companies’ neglect and wrongdoing at grade crossings in Virginia and beyond. If you or a loved one was hurt or killed in a car or truck hit by a train, contact our firm. We will fight to hold the railroad responsible for bad corporate decisions to skimp on safety for motorists crossing the rail tracks.
What is the Federal Employers’ Liability Act (FELA)?
Enacted in 1908, FELA provides protection to railroad workers injured due to the negligence of their employer or co-workers. Unlike traditional workers’ compensation systems (which offer no-fault benefits), FELA requires injured workers to prove that their employer’s negligence contributed to their injury.
How Are FELA Claims Different Than Workers’ Compensation Claims?
The compensation available under FELA can be significantly higher than what workers’ compensation offers, as FELA covers a broader range of damages. More specifically, FELA claims differ from workers’ compensation claims in several key ways:
- Fault-Based System: In most work injury situations, an employee can receive workers’ compensation benefits regardless of who caused the injury, so long as the injury occurred at work. However, with a FELA claim, injured workers have to show that the railroad was negligent in some way before they can recover compensation for their losses. Thus, FELA requires proof of negligence, whereas workers’ compensation is a no-fault system.
- Higher Compensation: Fortunately for injured railroad workers, FELA allows for the recovery of pain and suffering and the loss of enjoyment of life damages, which are typically unavailable in workers’ compensation claims. As a result, the possible compensation that a railroad worker may obtain is usually substantially higher in a FELA claim than would be the case in a workers’ compensation claim.
- Comparative Negligence: Even if the injured worker is partially at fault, they can still recover compensation under FELA, though the total award may be reduced. Workers’ compensation claims do not take fault into account, so unless a worker deliberately injures themself, they are entitled to compensation even if the employer did nothing wrong.
Because FELA claims involve complex legal and procedural requirements, it’s essential to work with an experienced FELA attorney to maximize your compensation.
How Much Can I Get in a FELA Claim? What Types of Damages Are Possible?
Under FELA, injured railroad workers are entitled to compensation from their employer for the full value of their losses and damages, which may include:
- Medical Bills: The cost of your initial medical treatment and expected costs for future care you may require, such as physical therapy, prescription medications, surgeries, home modifications, etc. If you are reasonably likely to incur future medical expenses, these expenses can be estimated based on the likely costs.
- Lost Income: Compensation for your current and future lost wages and benefits because of your injury.
- Property Damage: If any of your personal belongings were damaged or destroyed in the accident.
- Diminished Earning Capacity: If your injury has affected your ability to earn an income in the future.
- Pain and Suffering: Compensation for the physical pain you have had to endure and any emotional distress (e.g., depression, anxiety, insomnia, PTSD, etc.). Like medical expenses, if you are continuing to endure pain and suffering as a result of your injuries, and/or if you are likely to need future surgery or medical treatment that in itself will lead to additional pain and suffering, you can additionally recover compensation for such associated future pain and suffering.
- Loss of Enjoyment of Life: The impact your injury will have on your overall quality of life.
- Punitive Damages: Additional compensation that is only awarded in cases to punish a defendant (at-fault party) who acted with an extreme disregard for the safety of others.
The more severe, debilitating, and long-lasting your injury is, the more compensation you are likely to receive.
Who Can File a FELA Claim?
FELA applies to all railroad employees, regardless of their specific job duties. Those entitled to file a claim under FELA include:
- Train operators and engineers
- Conductors and brakemen
- Maintenance-of-way workers
- Signal workers
- Yardmasters
- Shop workers and mechanics
- Carmen and machinists
If you are unsure whether you qualify to file a FELA claim, contact a Virginia Beach FELA lawyer at Shapiro, Washburn & Sharp. We can evaluate your case and help you determine the best course of action.
Common Types of Railroad Injuries Covered by FELA
Railroad workers face hazardous conditions daily, leading to a wide range of injuries. FELA allows employees to seek compensation for injuries resulting from their employer’s negligence, including:
- Traumatic Injuries: Traumatic injuries include those suffered by a sudden event and often result in injuries such as broken or dislocated bones, lacerations, puncture wounds, burns, crush injuries, amputations, spinal cord injuries and paralysis, open head wounds, and traumatic brain injury.
- Occupational Diseases and Cancer: Railroad workers can be injured or suffer illness as a result of exposure to unsafe elements (especially those caused by exposure to asbestos, diesel fumes, or other toxic substances), which can lead to lung cancers, Mesothelioma, other respiratory illnesses, cardiovascular disease, or even hearing loss.
- Repetitive Stress Injuries: Repetitive motions or prolonged physical strain can result in carpal tunnel syndrome or other nerve damage, tendonitis, joint damage, and muscle strains.
- Fatal Accidents: Families of railroad workers who lose their lives due to employer negligence can file a wrongful death FELA claim.
How is Negligence Proven in a FELA Case?
A major issue in securing compensation for occupational diseases and cancers is proving the illness arose as a result of workplace exposure or activities. Often, railroad workers do not receive a diagnosis for these injuries until long after they have been on the job or even after retirement. The railroad and their insurance carriers will likely try to blame the occupational disease or cancer on another non-job-related cause.
We refute any such claims that are asserted and use scientific evidence in seeking to show that the medical issues suffered by our clients were more likely than not caused by their work and/or the environmental contaminants to which they were exposed while working.
In addition to occupational disease matters, even sudden injuries can be disputed as to whether they actually occurred at the workplace. For instance, a railroad worker may suffer a severe back injury as a result of lifting a heavy item. In seeking to avoid liability, the company may claim that the real back injury occurred over the weekend when the employee was at home, and that the workplace “injury” was only a manifestation of an injury that occurred away from the workplace.
To successfully recover compensation under FELA, injured railroad workers must prove that their employer’s negligence played a role in causing their injury. Negligence may include:
- Failing to provide proper training for employees
- Ignoring safety regulations or industry standards
- Failing to maintain equipment or infrastructure
- Overworking employees, leading to fatigue-related errors
- Allowing unsafe working conditions, such as poor lighting or inadequate protective equipment
- Directing an employee to take a physical action that, in itself, is dangerous
As FELA injury attorneys, we will conduct a thorough investigation to gather evidence in seeking to prove the cases of our clients. Depending upon the nature of the injury, our investigation may include obtaining or reviewing:
- Accident reports
- Witness statements
- Photographs of the scene
- Maintenance and inspection records
- Expert testimony
- Reviews of environmental and hazardous contaminants to determine exposure and exposure levels
- Other matters that may be pertinent to the injury suffered
What Happens if I’m Injured and Cannot Return to Work?
When a worker’s injury is permanently debilitating to the point that they are unable to return to work at the railroad, the worker can file for Railroad Retirement Board sickness and disability benefits.
How Long Do I Have to File a FELA Injury Claim?
Under the Federal Employers’ Liability Act (FELA), injured railroad workers in Virginia have three years from the date of their injury to file a claim. This statute of limitations applies to all FELA cases, whether they involve traumatic injuries, occupational diseases, or wrongful death. If you fail to file your claim within this time frame, you may lose your right to seek compensation.
Are There Exceptions to the Three-Year Deadline?
While the three-year limit is strict, there are certain exceptions and nuances to consider:
- Occupational Diseases: For injuries or illnesses that develop over time, such as mesothelioma, lung cancer, or repetitive stress injuries, the clock begins to run when the worker discovers or reasonably should have discovered that their condition was caused by their work on the railroad. This is often referred to as the “discovery rule.”
- Wrongful Death Claims: If a railroad worker dies as a result of a work-related injury or illness, their family has three years from the date of death to file a wrongful death FELA claim.
- Complex Cases: In situations where the employer’s negligence was concealed or when injuries involve multiple parties, the timeline can sometimes be impacted. Consulting with a knowledgeable FELA lawyer can help clarify your specific filing deadline.
Why Acting Quickly Matters
Filing your FELA claim as soon as possible after an injury or diagnosis is crucial for several reasons:
- Preserving Evidence: Over time, critical evidence such as maintenance records, witness statements, and medical records may become harder to obtain or may be lost entirely.
- Witness Availability: Witnesses’ memories fade, and individuals who could support your case may become unavailable if too much time passes.
- Employer Tactics: Railroad companies and their insurance carriers may use delays to their advantage, claiming that evidence is insufficient or that the injury wasn’t work-related.
Don’t Wait to Seek Legal Help
Navigating the FELA claims process can be complicated, especially when you’re dealing with a serious injury or illness. To ensure your claim is filed on time and to maximize your chances of securing fair compensation, it’s essential to work with a qualified FELA injury attorney as early as possible.
At Shapiro, Washburn & Sharp, our Virginia Beach FELA attorneys are here to help you understand your rights and guide you through every step of the legal process. Contact us today at (833) 997-1774 for a free consultation to discuss your case and ensure your claim is filed before the deadline. Let us fight for the justice and compensation you deserve!
How Much Does it Cost to Hire a FELA Injury Lawyer?
At Shapiro, Washburn & Sharp, we understand the financial strain that comes with a workplace injury. That’s why we operate on a contingency fee basis, meaning:
- No Upfront Costs: You don’t pay any legal fees until we secure compensation for you.
- We Cover Litigation Expenses: All costs related to building your case, such as expert witness fees and court filing costs, are advanced by our firm. These costs are normally paid back from settlement or verdict proceeds.
- No Win, No Fee: If we don’t recover compensation for you, you owe us nothing.
Our goal is to make high-quality legal representation accessible to injured railroad workers and their families. Contact us today for a free consultation with an experienced FELA injury lawyer to learn more.
Why Choose Shapiro, Washburn & Sharp for Your FELA Case?
Our firm has a proven track record of successfully handling FELA claims for injured railroad workers. Here’s what sets us apart:
- Decades of Experience: We’ve represented hundreds of railroad workers in FELA claims across Virginia and the eastern United States.
- Recognized Leaders: Firm partner Richard N. Shapiro is a national authority on railroad injury law and has twice served as Chair of the Railroad Law Section of the American Association for Justice.
- Proven Results: Our attorneys have secured multimillion-dollar verdicts and settlements for railroad workers, including an $8.6 million jury verdict for a wrongful death case. While no guarantee can ever be made for a successful outcome in any litigation matter, we have handled hundreds of FELA cases and know how to litigate these cases.
- Personalized Attention: We treat every client like family, ensuring you receive the support and guidance you need throughout the legal process.
Schedule A Free Consultation With A Virginia Beach FELA Lawyer Today
If you’ve been injured while working on the railroad in Virginia Beach or the surrounding communities, don’t wait to seek legal help. FELA claims are subject to strict deadlines, so it’s important to act quickly to protect your rights.
At Shapiro, Washburn & Sharp, our dedicated Virginia Beach FELA attorneys are here to help you navigate the complexities of your case and fight for the compensation you deserve. Call us today at (833) 997-1774 for a free consultation or fill out our online contact form to get started.
Let us help you hold negligent employers accountable and secure the justice you need to move forward.
“Mr. Sharp and Ms Conoway were a blessing through the process of getting compensation for my injury. I am floored by the amount that I was given. My injuries were severe and excruciatingly painful, but I have recovered and am grateful to Kevin and Beth for all of their support. Thank you.”
Google 5 Star Review: A.L.