Last week, a railroad worker filed suit in New Orleans federal court against his employer, CSX Transportation, Inc. James A. Farr filed the lawsuit after learning he developed lung cancer which he believes resulted from his alleged exposure to toxic chemicals during the course of his employment. Farr was purportedly exposed to the chemicals while working as a switchman and engineer on the property of his employer’s predecessor, L&N Railroad.
In his lawsuit, Farr alleges he developed lung cancer as well as other chronic diseases as a direct result of his exposure to carcinogenic chemicals on the job. He also claims he was not provided with safety equipment or warned against possible exposure hazards. Additionally, he states his employer failed to notify him regarding exactly which purportedly hazardous substances he was working around.
Farr has accused CSX Transportation, Inc. of negligence under the Federal Employers Liability Act. He claims his employer failed to warn him of exposure hazards, inspect its facilities for hazardous chemicals, provide proper ventilation, maintain a safe working environment, enforce safety measures, and monitor his health after exposure. He has asked the court to compensate him for both physical and mental pain and suffering, medical expenses, disability, and other damages.
Workplace injuries can be complicated and the proper avenues for recovery are often difficult to navigate. Louisiana residents may be injured while working on land, adjacent to navigable waters, or on the open seas. Where an injury takes place will have an effect upon an employee’s right to recovery. If an injury takes place on land, the Louisiana Workers’ Compensation Act will likely apply. If instead an injury occurs on or adjacent to navigable waters, the Longshore and Harbor Workers’ Compensation Act may factor in. Employees injured while on the high seas might have a right to recovery under the Jones Act. To further complicate matters, railroad employees may seek recovery under the Federal Employers Liability Act.
In Louisiana, compensation for injuries sustained on the job are paid to an injured employee regardless of fault under the Louisiana Workers’ Compensation Act and the Longshore and Harbor Workers’ Compensation Act. Meanwhile, both the Jones Act and the Federal Employers Liability Act require an employee to prove his or her employer was negligent in causing the injury. An experienced workers’ compensation attorney can assist you in determining which act applies to your case and how to go about seeking compensation for your work-related injuries.
If you or someone you know was injured on the job, you need a qualified Louisiana workers’ compensation lawyer to protect your interests. J. Price McNamara is available to speak with you regarding your rights and provide a free comprehensive case review. He handles cases throughout Louisiana including St. John, Ascension, Jefferson, Kenner, Lafayette, Lafourche, Mandeville, Orleans, Terrebonne, East Baton Rouge, and West Baton Rouge Parishes. If you have suffered a work-related injury, call J. Price McNamara at (866) 248-0580 to schedule a free initial consultation. You may also contact him through his website.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts