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Lafayette FELA Railroad Injury Attorneys | Lafayette Louisiana FELA Railroad Injury Attorneys
Lafayette FELA Railroad Injury Lawyers | Lafayette Amtrak Injury Lawyer | Lafayette Union Pacific Injury Lawyer
In the 19th and early 20th centuries, railroad workers were experiencing an alarming rate of personal injury and death. Due to sustained public outcry, Congress passed the Federal Employers' Liability Act (FELA) in 1908 to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. FELA is a federal government statute that now protects railroad workers not only in Lafayette, Louisiana, but across the nation.
As a general matter, FELA provides compensation to Lafayette railroad workers injured on the job. Unlike general worker's compensation claims, which are generally "no fault," FELA establishes a fault-based system in which the injured worker must show that the railroad employer was negligent. Thus, the injured worker must generally be able to prove that the railroad failed to provide a safe workplace. Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Some rail workers might not be covered by FELA, especially those who work for companies who do not own trains or tracks. Lafayette railroad injury attorneys and Lafayette railroad accident lawyers represent a variety of different railroad workers in Lafayette railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.
Which types of railroad injury victims can a Lafayette railroad injury attorney help?
All types of railway workers come under FELA's compensation scheme, including:
|Maintenance of way workers||Mechanics||Maintenance workers||Other railroad workers|
Lafayette, Louisiana railroad injuries occur frequently. If you or a loved one has been injured or killed while working for a railroad in any of these capacities, do not hesitate to contact a Lafayette FELA attorney regarding your claim for legal compensation and damages. The law can be complicated and hard to understand, but an Lafayette Railroad Lawyer can help you get justice.
What types of injuries does a Port of Lafayette railroad injury attorney commonly pursue?
Railroad related work is inherently dangerous and has produced countless Lafayette area railroad accidents and injuries over the years. Common railroad injuries include, but are not limited to:
|Hearing loss||Respiratory illnesses due to inhaling diesel exhaust||Repetitive motion disorders||Electrocution|
|Back and neck injuries||Injuries due to heavy lifting||Limb Amputation||Traumatic brain injury|
|Chemical and asbestos exposure||Shoulder injuries||Burns||Bone fractures|
|Exposure to toxic solvents||Knee injuries||Slip & Fall or Trip & Fall||Crushing injuries|
Designated Legal Counsel (DLC) and non-DLC FELA Lawyers Practice the Same FELA Law
In most instances, the injured railworker is a member of a union. Unions such as the Brotherhood of Maintenance of Way (BMWE), the Brotherhood of Locomotive Engineers (BLE), both of which are under the Brotherhood of International Teamsters (BIT), have large numbers of workers in the rail industry. Other Unions include:
- American Train Dispatchers Department Brotherhood of Locomotive Engineers ATDA
- Brotherhood of Railway Signalmen BRS
- International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers IBB
- International Brotherhood of Electrical Workers IBEW
- National Conference of Firemen and Oilers of SEIU IBF&O
- Sheet Metal Workers' International Association SMWIA
- Transportation Communication Union-Clerks TCU-BRAC
- Transportation Communication Union-Carman TCU-BRC
- United Transportation Union UTU
Whatever your Union, more than likely they will have a designated union counsel. These DLC firms practice FELA law. There are many other law firm that do not have Union designation and they also practice FELA law. In every instance when you are injured a claims agent will try to immediately take a statement from you. You should definitely speak to a Lafayette lFE Lawyer, DLC or Non-DLC, before you give a statement to a claims agent.
The Port of Lafayette is a major center for rail traffic. Commuter rail and passenger trains also run through the area. The following are railroad offices and rail-yards throughout the Lafayette area.
Amtrak: City of Lafayette
100 Lee Avenue
Lafayette, LA 70501-8032
3873 Birchfield Drive
Harvey, LA 70058-2004
141 Northern Avenue
Eunice, LA 70535
What must a Lafayette railroad worker prove to maintain a successful FELA action?
An injury victim, whether in the Lafayette Valley, or anywhere else in the country, must meet three basic requirements to recover damages under FELA's compensation scheme. First, the accident must have occurred in the course and scope of employment for the railroad. This does not mean that the accident must have happened on property owned by the railway, so long as the injury is sustained in the furtherance of the worker's employment-related duties. Second, the railroad must be engaged in interstate commerce between at least two states. This requirement is broadly interpreted and is almost always satisfied. Third, the railway must have caused or contributed to the injuries sustained. Lafayette railroad workers involved in accidents are entitled to monetary damages under FELA, and a Louisiana railroad injury attorney will work hard to pursue the maximum compensation possible. Call a Lafayette FELA lawyer today for help pursuing your claim. FELA claims often do not apply to local railroads, such as Metrolink or trains run by the Lafayette Metropolitan Transit Authority.
Are Lafayette or Louisiana railroad workers eligible for any other type of compensation?
Although railroad workers injured in a Lafayette railway accident can recover for job-related injuries under FELA, they may also be entitled to other disability benefits in some cases when they are disabled on the job or as the result of a non-work related disability. Contact one of the experienced Louisiana railroad injury attorneys on this page for an explanation of the compensation you may be entitled to under both FELA and other disability benefits laws.
One way you might be entitled to additional compensation is through the United States Railroad Retirement Board (RRB), which is a co-equal agency to the Social Security Administration (SSA) and is headquartered in Chicago, Illinois at 844 N. Rush Street, Chicago, Illinois 60611. For more information regarding railroad disability benefits through the RRB, consult the U.S. Railroad Retirement Board's website.
Contact a Lafayette FELA Attorney or an Lafayette Rail Lawyer today to get the justice you deserve!
Only a Lafayette Rail Injury Lawyer can best explain how Louisiana law applies to your case.
Lafayette FELA injury attorneys work all over southern Louisiana representing persons that work for Union Pacific, UP, AMTRAK, Burlington Northern Santa Fe, BNSF, and other short line railroads.
Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.