Being a railroad worker in Clearwater, FL, can be dangerous. However, there are benefits and protections available for railroad workers injured on the job. Our Clearwater railroad worker lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers fight to get you the benefits you deserve for a work-related injury or illness.
Claims for injuries sustained on the job by railroad workers can be complicated. Therefore, you need an attorney with experience handling federal workers’ compensation claims.
Our lawyers have over 300 years of combined legal experience representing injured workers. Let us put that experience to work for you. Call at (727) 796-8282 our law firm to schedule a free consultation with one of our Clearwater railroad worker attorneys.
How Our Clearwater Railroad Injury Lawyers Help You Get the Benefits You Deserve
Since 1955, our Clearwater workplace accident lawyers have fought for the rights of injured workers. We understand federal laws covering railroad accidents and injuries. Our legal team helps you recover compensation for a temporary or total disability caused by a railroad accident.
When you hire Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, you can expect us to:
- Explain your legal rights and options for receiving benefits and compensation
- Investigate the cause of your injury to determine all claims you can file to recover compensation for injuries
- File claims under FELA and handle all aspects of your railroad workers’ claim
- Provide guidance and support through each aspect of your case
- Aggressively pursue your claim to get you the most money possible
Railroad injuries can be confusing. These claims are not filed as regular workers’ compensation claims. Therefore, it helps to have an experienced Clearwater railroad injury attorney handle your case.
Call our law office in Clearwater, Florida, to schedule your free consultation with one of our Clearwater railroad injury lawyers.
Does Workers’ Compensation Cover Railroad Workers?
No, railroad employees are not covered by workers’ compensation insurance. Instead, they have the right to file and claim and a lawsuit against their employer under the Federal Employers’ Liability Act (FELA). The Act covers injuries, illnesses, and wrongful deaths of railroad workers caused by railroad-related accidents.
Unlike workers’ compensation, FELA is a fault-based system. Therefore, you must prove negligence by your employer, another employee, or another party to recover compensation for damages. Railroad owners could be liable if a co-worker’s negligence caused your injury.
Furthermore, FELA adopts a comparative negligence standard for injury claims. Therefore, even if you are partially to blame for your injury, you can still recover compensation for a FELA claim. However, your compensation for damages is reduced by your percentage of fault under contributory fault laws.
Common Causes of Railroad Injuries and Accidents
Working on a railroad is a dangerous job. Railroad workers can be injured because of a train accident or other event. Common causes of injuries sustained by railroad workers include:
- Train collision
- Mechanical problems
- Operator fatigue
- Excessive speeds or reckless behavior
- Operating a train under the influence of alcohol and/or drugs
- Driver or operator inexperience
- Failure to hire qualified workers and provide adequate training
- Defective equipment and parts
- Improperly loaded or secured cargo
- Repetitive motions
Your employer may try to shift blame to another party or say that you are entirely responsible for the cause of your injury. This tactic is used to avoid paying valid FELA claims. Our legal team diligently pursues your claim to gather evidence proving your employer and/or other parties are liable for your injuries and damages.
What Types of Injuries Are Common for Railroad Workers?
Railroad accidents often result in catastrophic injuries for railroad workers. Common injuries sustained by railroad employees include:
- Hearing loss
- Severe burns
- Broken bones
- Asbestos exposure
- Scarring and disfigurement
- Slip and fall injuries
- Traumatic brain injury
- Amputations and loss of limbs
- Neck and back injuries
- Spinal cord injuries and paralysis
- Heavy lifting injuries
- Repetitive motion injuries
- Injuries caused by exposure to toxic chemicals
If you are injured on the job, seek immediate medical treatment for your injuries. Report your injury to your employer and document the injuries with pictures and copies of accident reports. Then, as soon as possible, contact our law firm to schedule an appointment with a lawyer to discuss your case.
What Damages Can an Injured Railroad Worker Receive?
Because FELA is not workers’ compensation, an injured railroad employee can recover more compensation than the average injured worker. Under FELA, an injured railroad worker can recover compensation for:
- The cost of medical treatment and future medical bills
- Loss of earnings and benefits
- Pain and suffering damages
- Permanent impairments and disabilities
- Future lost wages and decreased earning potential
- Scarring and disfigurement
- Loss of enjoyment of life and a decrease in quality of life
Even though railroad workers can recover a broader range of damages for work-related injuries, they must fight for compensation. Railroad employers do not have an automatic duty or responsibility to compensate an injured railroad worker. Instead, you must file a lawsuit to recover damages.
Schedule a Free Consultation With Our Clearwater Railroad Worker Lawyers
You have a limited amount of time to file a claim for an injury or illness you sustained at work. Do not let time run out on your railroad injury claim. Call now for your free consultation with one of our Clearwater train accident lawyers.