The railroad accident and FELA lawyers at Farris, Riley & Pitt, LLP understand the importance of justice and compensation for injured railroad or transportation industry workers. The Federal Employers Liability Act, or FELA as it is commonly known, is considered one of the greatest pieces of legislation to be passed in the twentieth century. This marked a significant triumph, benefiting not only railroad workers but also countless hardworking Americans facing hazardous workplaces.
Public outrage over the gruesome injuries and fatalities sustained by railroad workers while on duty originally led to the creation of FELA. Few people, railroad workers included, truly understand the amount of protection injured railroad workers have under FELA. In fact, railroad employees have more protection than any other working person in the United States under this law.
SMART Union, a union advocating for workers in various high-risk industries, aims to secure experienced attorneys with the relevant skills to fight for the interests of the workers they represent when injuries occur.
If you are an injured railroad or transportation industry worker, you will likely want to seek out representation from a Designated Legal Counsel firm, such as Farris, Riley & Pitt, LLP. Our railroad accident and FELA lawyers in Birmingham represent injured railroad workers involved in FELA accidents from all over the county. We have helped injured railroad workers employed by Norfolk Southern, CSX Transportation, short-line railroads, and Burlington Northern Santa Fe (BNSF) Railway Company.
Why Do I Need a Railroad Accident Lawyer?
Although FELA provides safeguards for railroad workers, benefits are not automatically granted in such cases. A victim still needs to prove a railroad’s negligence.
Farris, Riley & Pitt, LLP understands the challenges that people face when pursuing railroad accident claims. While FELA claims have a more forgiving burden of proof, hiring legal counsel increases your chances of success.
Kirby Farris, co-founder and managing partner of Farris, Riley & Pitt, LLP, is a former long-term employee of the Norfolk Southern Railway Corporation who has dedicated his practice to representing personal injury victims and FELA claims. Mr. Farris is honored to be recognized as Designated FELA Counsel for the Transportation Communications Union (TCU).
It is extremely important for a railroad worker to avoid speaking to a railroad claim agent or attorney until they have legal representation. Claim agents and lawyers aim to minimize a railroad’s liability and may try to persuade you to acknowledge some responsibility for your injuries.
Farris, Riley & Pitt, LLP can ensure that your rights are protected. We operate on a contingency basis, meaning you pay only if you receive a monetary award.
Why Choose Farris, Riley & Pitt, LLP?
We fully understand FELA and what is required to successfully prove an injury claim. Furthermore, our firm has experience fighting railroad companies, and we know that they often spare no expense in order to try and avoid paying injury claims.
In addition to our more than 100 years of combined legal experience, Farris, Riley & Pitt, LLP also has a record of several multimillion-dollar verdicts and settlements. Our firm provides dedicated legal advocates focused on maximizing your compensation recovery.
Farris, Riley & Pitt, LLP will conduct a thorough independent investigation of your accident or illness to obtain the evidence necessary to prove a railroad’s negligence.
Cases We Handle
Our firm understands the wide variety of ways in which railroad workers may suffer injuries on the job. We also understand that railroads have clearly defined duties under FELA, which include:
- Provide and maintain equipment and tools, including safety devices
- Inspect the workplace to make sure it is free of hazards
- Ensure the workplace is reasonably clear of unsafe conditions
- Warn employees of any unsafe conditions or hazards, even when such conditions seem obviously apparent
- Provide necessary training to all workers
- Provide adequate supervision
- Ensure the company’s own rules and regulations are adhered to
- Take reasonable measures to keep employees safe from intentional torts or crimes by other employees
- Prevent the implementation or use of unreasonable work quotas
- Provide adequate assistance to employees in situations in which assigned tasks exceed their physical limitations
An injured railroad worker can establish a company’s liability by demonstrating that their injuries resulted from defective equipment or tools, or negligence by a coworker, an agent, contractor, or the company itself. People generally have three years to file FELA claims.
The three-year time limit typically starts from the date of the railroad worker’s injury. Sometimes the exact date of an injury is not clear. A victim may acquire an occupational disease, for instance. In such cases, the time limit starts when the worker knew or should have known about the disease.
The time limit is important because FELA claims can require lengthy investigations. Witness depositions may be required. For this reason, injured railroad workers should act quickly to retain legal counsel.
Protecting Railroad Workers’ Rights: The Role of FRSA and OSHA
The Federal Rail Safety Act (FRSA) grants additional rights to railroad workers who participate in specific “protected activities.” These rights prohibit railroads from retaliating or discriminating against any employee who engages in certain protected activities. Under 49 U.S.C. § 20109, railroad workers engage in protected activity when they:
- Provide information to, cause information to be provided to, or assist in certain types of investigations
- Cooperate with a safety or security investigation by the Federal Railroad Administration (FRA), National Transportation Safety Board (NTSB), or Homeland Security
- Refuse to violate or assist in a violation of any federal law, rule, or regulation relating to railroad safety or security
- File a complaint, cause a proceeding to be brought, cooperate with an investigation, or testify in a proceeding under federal laws or regulations relating to railroad safety and security
- File a FRSA complaint with the Whistleblower Office of the Occupational Safety and Health Administration (OSHA)
- Report a hazardous safety or security condition
- Report their own or another worker’s work-related injury or illness
- Accurately report hours of duty
- Refuse to work when presented with an imminent hazardous safety or security condition
- Refuse to authorize the use of any safety- or security-related equipment, track, or structure if they present an imminent hazardous safety or security risk
- Request medical treatment or follow orders of a treating physician
OSHA defines retaliation as adverse actions against railroad workers for engaging in FRSA-protected activities, including firing, discipline, demotion, and interference with medical treatment. FRSA empowers the Federal Railroad Administration (FRA) to investigate and prosecute rail safety law violations.
Frequently Asked Questions
FELA and state workers’ comp claims compensate for on-the-job injuries, but require different types of proof. Workers’ compensation only requires a person to demonstrate that they were injured on the job. In such cases, a victim does not need to prove fault. A FELA claim, however, will require a victim to prove that their employer was somehow negligent and that negligence caused the victim’s injuries. In general, FELA claims also result in larger awards than workers’ compensation.
FELA primarily aims to provide compensation for injured railroad employees. Those who serviced railroads on a contract basis may also be eligible to file a FELA claim. If a railroad worker dies on the job, their family can initiate a FELA claim.
In most cases, victims can claim entitlement to medical bills, lost earnings, and compensation for pain and suffering. When a claim is based on a railroad worker’s death, family members may be able to recover damages for loss of support. Keep in mind that the concept of comparative negligence applies in FELA cases, which means that a victim’s negligence can reduce their award. For example, if a person is awarded $100,000 in a FELA claim and is found to be 10 percent at fault, their award would be reduced by $10,000, and they would ultimately receive $90,000.
In general, FELA covers four types of injuries:
- Trauma injuries (including fractures, sprains, traumatic brain injuries (TBIs), and spinal cord injuries),
- Repetitive stress injuries (including carpal tunnel syndrome)
- Complications from exposure to toxic solvents (including asbestosis or toxic encephalopathy)
- Aggravations of pre-existing conditions.
FELA requires an injured railroad worker to prove that the railroad was legally negligent, “at least in part,” in causing the injury. In most negligence claims, the burden of proof is heavier than in cases where a railroad had any causal role in the victim’s injuries, which requires only proof.
Railroad Accident Statistics
According to the Alabama Department of Transportation:
- There were 85 railroad accidents throughout Alabama in 2019.
- As a result of those 85 accidents, 33 people suffered injuries, and seven died.
- In 2020, there were 84 railroad accidents statewide.
- As a result of those 84 railroad accidents, 28 people suffered injuries, and three died.
- Common driver behavior problems associated with railroad accidents included ignoring flashing lights or active warning signals, driving through barrier gates or around lowered gates, and overlooking passive warning devices.
Furthermore, the National Highway Traffic Safety Administration (NHTSA) reports that motorists are nearly 20 times more likely to die in railroad collisions than in accidents with other motor vehicles.
Contact a Birmingham Railroad Accident Lawyer Today
Farris, Riley & Pitt, LLP has been helping railroad accident victims with FELA claims for more than 20 years. We know how to approach these types of cases and collect the evidence necessary in order to achieve the most favorable possible resolution to your case.
If you or a loved one has suffered serious injuries or a fatality in a railroad accident in Alabama, reach out to our legal team without delay. Call (205) 324-1212 or contact us online to receive a free consultation that will allow our railroad accident lawyers to review your case and help you understand all of your legal options.
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