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A railroad injury is one that affects railroad workers and can be caused by various factors including exposure to diesel fumes and mesothelioma caused by exposure to asbestos found in railway equipment. Railroad employees are protected by the Federal Employer’s Liability Law (FELA) which was passed in 1908. Engineers, brakemen, switchmen, and all other railway employees are afforded protection under this law.
FELA is exclusive to railroad injury and is different from state worker’s compensation laws as well as personal injury laws. Negligence by the employer has to be proved to win your case and to claim damages under FELA. A Louisiana workers’ compensation lawyer with specialization in railroad litigation will be able to help if you have been injured at the workplace. It is estimated that there are about 3,000 train accidents in the U.S. and about 1,000 people lose their lives annually.
Most railroad injuries are preventable with a little bit of care and caution. Unprotected railroad crossings, badly maintained cars or tracks, mechanical errors, disregarding safety regulations, and driver error are responsible for a vast majority of such accidents taking place in the U.S. each year. Chemicals inhaled from diesel fumes or diesel smoke over an extended period of time can lead to different kinds of asthma, mesothelioma, lung diseases, and various types of pulmonary disorders.
Railroad injury compensation under FELA is much better than worker’s compensation because it provides for the employee to sue, obtain a jury trial, and claim damages. Before this can happen, it is essential for the plaintiff to prove that a state or federal regulation was violated. There is a time limit for filing of lawsuits and this is usually three years form the time of injury or death. In cases of diseases, there are some further stipulations regarding the start of the three years. So, if you or a loved one have been in such an accident or hurt in this manner do not hesitate to call an attorney immediately.
FELA has special provisions for those workers whose railroad injury leads to career ending disability. Two types of long term disability benefits can be availed of. Of this, one is an “occupational disability” benefit which is paid out monthly. The “total disability” benefit is the second such compensation available to an injured worker. Benefits and compensation provided by FELA are much more than those under a state workers’ claim.
A worker injured in a railroad workplace mishap is entitled to claim past and future lost wages, medical expenses incurred which are not covered by insurance, physical pain, and emotional suffering. FELA cases may be filed in either state court or federal court. The decision on which court to file your lawsuit in will depend upon various factors and a qualified attorney will be able to guide you in this matter. Railroad companies have paid millions to settle solvent lawsuits under FELA over the past few decades.
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of his sound advice such as showing the insurance company proof of how my illness/disability had
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
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