New Jersey Federal Employers’ Liability Act Claims Lawyers
Skilled representation for injured railroad workers throughout NJ
Railroad workers have strenuous, dangerous jobs. When a railroad worker sustains an injury on the job, he or she has the right to file an injury claim under the Federal Employers’ Liability Act (FELA) which was enacted to compensate railroad workers on federal railroads that cross state lines who are injured on the job, and workers who are diagnosed with occupational diseases such as lung cancer or mesothelioma from asbestos exposure. Under terms of the act, the worker can sue for damages against all parties found liable for negligence or misconduct, which can include his or her employer and equipment manufacturer if the equipment is found to be dangerous or defective.
If you are a railroad worker covered under the FELA and were injured while working on the job in New Jersey, or you reside in New Jersey, talk to a FELA railroad injury attorney at Eichen Crutchlow Zaslow, LLP. We are experienced FELA trial attorneys who understand the complexities of filing a successful NJ personal injury lawsuit.
More about FELA
The FELA was enacted in 1908 to combat the unacceptably high accident and injury rate within the railroad industry because the railroads seemed to have failed at developing safety mechanisms to keep workers safe. The FELA is the exclusive remedy for most claims an employee may have against his [or her] employer. A FELA case may be brought in either federal or state court according to the Brotherhood of Railroad Signalmen.
FELA is not the same as workers’ compensation. An injured worker can collect under FELA if there is evidence that the injury was caused by the railroad’s negligence, or the failure of the railroad to provide safe working conditions. While workers’ compensation is a no-fault program, FELA requires that the claimants prove fault on their employer’s part or their claim will be denied.
The railroad employee may not be required to prove negligence if the railroad violated certain safety regulations or failed to provide specific safety equipment.
The statute of limitations for a FELA action is either three years from the date of the injury, or in the case of occupational diseases, three years from when the disease was found to be caused by occupational exposure.
Examples of typical railroad accident injuries
The following are examples of some of the typical examples railroad workers might be exposed to in their daily work:
- Traumatic brain injuries
- Bone fractures
- Traumatic amputation
- Burn injuries
- Crush injuries
- Spinal cord injuries
Occupational diseases for railroad workers might include:
- Lung cancers
- Hodgkin’s disease
- Repetitive stress
- Hearing loss
- Lead poisoning
Causes of railroad accidents in NJ
Railroad employees can file lawsuits against their employers seeking damages for their illnesses and injuries. Some of the more common causes for such lawsuits include:
- Lack of protective equipment
- Defective safety equipment or devices
- Inadequate training
- Negligent enforcement of safety rules
- Violation of federal safety regulations
- Unsafe working conditions
What damages are available in a FELA lawsuit?
The amount of damages an injured railroad worker might expect to receive will depend on the nature and extent of the injury. Those damages can include:
- Medical expenses past and future related to the workplace accident
- Pain and suffering
- Lost wages
- Diminished earning capacity
- Loss of enjoyment of life
- Emotional distress
- Death benefits
Your workplace injury attorney will prepare a strong case on your behalf to ensure that you can obtain the maximum compensation available.
A well-earned reputation for FELA claims litigation
You may not know whether you have a legitimate claim for damages for your injury until you learn your rights. We will take the time to evaluate the circumstances of your railroad accident and explain your options. We have built our success on integrity. Our NJ work injury lawyers will not accept a FELA case unless we are confident we can help you recover full and fair money damages for your injuries.
If you have suffered a railroad-related workplace injury, you may have questions about your rights and the legal options available to you for pursuing compensation for your injuries and losses. At Eichen Crutchlow Zaslow, we are here to help you hold the railroad responsible for your injuries or occupational disease. Our team of NJ workplace injury attorneys has secured more than $750 million in verdicts and settlements for our injured clients. We have been successful in representing high-profile clients, but we never lose sight of the care and attention that every client requires. We listen to your story, learn your name, and understand your goals for your injury claim. We return your calls within 24-hours and you will always know what is happening with your case.
You will benefit from our designation by the Supreme Court of New Jersey as Certified Civil Trial Attorneys, and we are accredited by the Better Business Bureau.
Injured while working for a railroad? Call us for help
Our New Jersey work injury lawyers at Eichen Crutchlow Zaslow, LLP advise and represent clients in personal injury and wrongful death claims throughout New Jersey. Call our office at 732-777-0100 or contact us online to arrange a free consultation with an experienced New Jersey Federal Employers’ Liability Act lawyer. We maintain offices in Red Bank, Edison, and Toms River, for your convenience.