Pascoe Law Firm

Railroad & FELA Claims

 

Principal office located in Friendswood, Texas.
Available to service League City, Webster, Pearland, Galveston, and the surrounding areas within Texas.

 

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713-829-4317

 

Home » Railroad & FELA Claims

Railroad Injury Lawyer

 
Working on the railroad is a dangerous profession and have a high risk and rate of injury associated with the occupation. According to the Bureau of Labor Statistics, in 2012 the fatality rate for railroad workers is over double of all other work related deaths for the period of January to November. Additionally, in 2012 there were 3,583 injury cases involving employees and 15 deaths of railroad workers. These numbers are shocking when one looks at the size of the railroad industry. The railroad industry only employees around 300,000 workers and these numbers suggest that there is a high risk of injury for a relatively small industry compared to other industrial professions.
 
Our railroad accident attorney fights to protect the rights of injured railroad workers in Texas and beyond including those working on the railroad, building or repairing tracks, maintaining trains, or the handling cargo. Working on rails has always been a hazardous job. In recognition of the dangers, injured railroad employees are granted special protection under the Federal Employers Liability Act (FELA). Despite the specific rights mandated under FELA, we know that railway workers often encounter obstacles to medical coverage and rightful compensation.  Our railroad accident attorney represents railroad workers in Galveston, Houston, and throughout Texas and the nation. Our railroad injury lawyer represents victims of train crashes, common railroad worker injuries, and those needing to file a FELA claim. Call us today at 713-829-4317 to get your legal questions answered.

Federal Employers Liability Act (FELA)

Justice William Douglas of the United States Supreme Court once said,“[t]he Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.” 
In 1908, the Federal Employers Liability Act (FELA) legislation was passed by Congress. The legislative intent behind the FELA act was to help protect those injured while working for the railroad or on the railways due to the high rate of death from the occupation in the late 19th century. A FELA claim allows a railroad worker to seek damages that are not covered by regular workers compensation laws. FELA allows for compensation for pain and suffering and looks at the negligence involved. This is different than having a pre decided amount that workers compensation might have provided.  A FELA claim requires that the railroad worker prove that the railroad company was negligent in their actions in some part or action and this caused or contributed to the injury. Once negligence is established the injured worker may recover for their full damages sustained.
Furthermore, the FELA has several other differences with workers compensation.  Under workers compensation one does not have to prove the negligence of their employer to make a claim. Having to prove liability in a FELA claim makes the Federal Employers Liability Act like a traditional personal injury or tort based claim. An injured railroad worker does not have to prove that their employer was entirely responsible for the injury, only partially.  FELA damages that are awarded are typically higher than that one would receive with a work comp claim.  As a result, railroad accident and railroad injury cases can involve and require a complex legal understanding of the act and injury law. If you have been injured while working for the railroad it might be in your best interest to speak with a railroad injury lawyer who can help protect your legal rights after a railroad accident occurs.
Railroad-&-FELA-Claims
Attorney John D Pascoe

Pascoe Law Firm

1414 S. Friendswood Dr, STE 120,

Friendswood, TX 77546

United States

Phone: 713-829-4317
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Common Causes of A Railroad Injury and Railroad Accidents

Our railroad injury lawyer and person injury attorney represents railroad employees who have been injured on the job. Our rail road accident attorney handles a wide range of FELA injury cases, including some of the more common railroad accidents and injuries, including:

  • Train crashes and falls from trains,
  • Fires and burns working around diesel engines,
  • Slip and fall injuries- such as slipping on ballast while fixing rails,
  • Back injuries from lifting,
  • Carpal tunnel syndrome from hammering rail spikes,
  • Whole body vibration syndrome from riding on  rail-cars,
  • Illness from exposure to creosote in rail ties, and
  • Toxic freight spills.
Whether you or a loved one worked in the rail yards at Fort Worth, on the docks at Galveston, at the shops in Arkansas or in a desk job at headquarters, your on-the-job injury is covered under FELA. The railroad accident attorney of the Pascoe Law Firm can represent your rights if you suffered serious injury on the job. There are many causes of railroad worker injury. Many injuries might not actually involve the train and be related to other aspects of the railroad industry or the transportation of objects. Another common cause of railroad injury include hearing damage. Trains can be extremely loud and hearing damage is listed as another common injury seen in association with injured railroad workers. No matter what time of railroad injury you or a loved one has received please feel free to call our railroad accident attorney to discuss your legal options available.

Lawyer for Railroad Accidents and Railroad Injuries

Speak with our railroad injury lawyer about a possible FELA claims, these can be brought directly to the railroad company or employer, or as lawsuits in state or federal court. Unlike workers’ compensation, which is a “no fault” system, a FELA suit requires the injured worker to prove negligence. The defense can also counterclaim your contributory negligence, which would reduce your compensation. FELA is a specialized and complex area of federal law, with notice requirements, deadlines and rules for submitting claims. For all these reasons, it is in your best interests to immediately contact an attorney who regularly handles these claims. Mr. Pascoe goes beyond the obvious to maximize all available damages, such as lost wages and future earnings, medical bills and future treatment, pain and suffering, permanent disability and mental distress. The Pascoe Law Firm provides free consultations for injured railroad employees and for the families of workers killed in railroad accidents. Contact us to talk to our  railroad accident attorney about your unique case. Hablamos Español.

Railroad Injury – Research and Reports – Galveston County / League City

Railroad Related Work Injury Fatalities
Federal Railroad Safety Administration- One Year Accident / Incident Overview 
Compensating Injured Railroad Workers Under the Federal Employer’s Liability Act
Federal Employee Liability Act
Overview of FELA

Attorney, John D. Pascoe and the Pascoe Law Firm, is responsible for the content on this website, principal office and only office located in ​​Galveston County, Texas. Available to service ​​Friendswood, Texas by appointment.

Webpage is intended solely for residents of Texas or Persons seeking representation within Texas. An Attorney-Client relationship only occurs when both parties agree that the Attorney will represent the Client and will not be created until that agreement occurs. Website and all of its pages is intended to be used for educational purposes and does not constituted as legal advice. All information on every page of the website does NOT suggest or claim that the attorney has a specialization in any area of legal practice or certification. Attorney not certified by the Texas Board of Legal Specializations.