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Pine Bluff FELA Railroad Injury Attorneys & Jefferson County FELA Railroad Injury Attorneys
At the dawn of the 20th century, railroad workers were experiencing an alarming rate of personal injury and death. Due to public outcry, Congress passed the Federal Employers’ Liability Act (FELA), in 1908 to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. FELA is a federal statute that now protects railroad workers not only in Pine Bluff, Arkansas, but also in railroad injury accidents across the nation.
As a general matter, FELA provides compensation to railroad workers injured on the job. Unlike general worker’s compensation claims, which are generally “no fault,” FELA establishes a fault-based system in which the injured worker must show that the employer was negligent. Thus, the injured worker must generally prove that the railroad failed to provide a safe workplace. However, there are special areas in FELA that act like strict liability – for example, where a defective object or condition at the workplace injures someone on the job. Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Pine Bluff railroad injury attorneys and Jefferson County railroad injury attorneys represent a variety of different railroad workers in Pine Bluff, Arkansas railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.
What types of railroad injury victims can a Pine Bluff Railroad Injury Attorney help?
All types of railway workers come under FELA’s compensation scheme, including:
- Maintenance of way workers
- Maintenance workers
- Other railroad workers
Pine Bluff railroad injuries occur every day, and if you or a loved one has been injured or killed while working for a railroad in any of these capacities, don’t hesitate to contact a Pine Bluff FELA attorney regarding your claim for legal compensation and damages.
What types of injuries does a Pine Bluff Railroad Injury Attorney commonly pursue?
Railroad work is inherently dangerous and has produced countless Pine Bluff railroad accidents and injuries over the years. Common railroad injuries include, but are not limited to:
- Hearing loss
- Back and neck injuries
- Chemical and asbestos exposure
- Exposure to toxic solvents
- Respiratory illnesses due to inhaling diesel exhaust
- Injuries due to heavy lifting
- Shoulder injuries
- Knee injuries
- Repetitive motion disorders
- Limb Amputation
- Slip & Fall or Trip & Fall
- Traumatic brain injury
- Bone fractures
- Crushing injuries
- Other injuries from heavy machinery
Pine Bluff FELA attorneys and other Jefferson County FELA attorneys can help you pursue a claim for railroad workers’ compensation if you have been injured in any of these ways. Pine Bluff FELA lawyers can assist injured employees of any Pine Bluff area railway and, notably, can assist injured workers in a lawsuit stemming from a Pine Bluff Union Pacific Railroad injury.
What must a Pine Bluff railroad worker prove to maintain a successful FELA action?
An injury victim, whether in Pine Bluff, AR, Jefferson County, or anywhere else in the country, must meet three basic requirements to recover damages under FELA’s compensation scheme. First, the accident must have occurred in the course and scope of employment for the railroad. This does not mean that the accident must have happened on property owned by the railway, so long as the injury is sustained in the furtherance of the worker’s employment-related duties. Second, the railroad must be engaged in interstate commerce between at least two states. This requirement is broadly interpreted and is almost always satisfied. Third, the railway must have caused or contributed to the injuries sustained. As noted above, this requirement generally looks for some sort of negligence on the railroad company’s part. Pine Bluff railroad workers involved in accidents are entitled to monetary damages under FELA, and a Arkansas railroad injury attorney will work hard to pursue the maximum compensation possible. Call a Pine Bluff FELA lawyer today for help pursuing your claim.
Union Pacific, UP, operates out of Arkansas. There is a major UP facility located in Pine Bluff. If you are employed by Union Pacific and suffered an injury on the job, please contact one of the attorneys on this site.
Designated legal counsel, DLC, practice FELA law for union members and non DLC also practice FELA law for union members.
The unions have a process of selecting lawyers to be what is called "DLC". If you are hurt, you do not have to employ a DLC union counsel. You should select an attorney that you believe will work hard for you and your family. Sometimes, union members will try to persuade you to employ only DLC. If you like the DLC, then employ them. But if you like a non DLC, employ them. Just get someone that is a competent hard working FELA attorney on your side.
What types of damages are recoverable under FELA’s compensation scheme?
In a FELA case, Pine Bluff railroad injury victims can hope to recover the following:
- Past and future medical expenses (including hospitalization expenses)
- Past and future lost wages
- Past and future pain and mental suffering
- Past and future disability
Keep in mind that recovery under FELA is granted instead of recovery under state workers’ compensation statutes, and no double recovery is permitted. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than according to a pre-determined benefits schedule, such as that used in ordinary workers’ compensation cases. For more information on personal injury damages generally, visit our Damages page. A Pine Bluff FELA attorney will be able to explain what types of compensation you may be entitled to and get you the maximum recovery possible.
How long do you have to file a claim under FELA? What is the applicable Statute of Limitations for Arkansas railroad injuries?
FELA places a time limitation on the filling of claims that dates three (3) years from the date of the accident/injury. Like all federal laws, FELA’s statute of limitations applies to Pine Bluff, AR railroad accident cases just as it does to all railroad injury cases across the nation. This means that if you are a Jefferson County railway accident victim, you must file your claim within three years from the time you were injured.
It should also be noted that when a Pine Bluff railroad injury is caused by repetitive stress or is an occupational injury that occurred over a period of time, the limitations period begins to run when the worker knew, or reasonably should have known, that he or she was suffering from an injury related to their work for the railroad. To preserve your legal rights, you should contact a Pine Bluff railroad injury attorney well before this three-year period has expired.
Are Pine Bluff and Jefferson County, Arkansas, railroad workers eligible for any other type of compensation?
Although railroad workers injured in a Pine Bluff railway accident can recover for job-related injuries under FELA, they may also be entitled to other disability benefits in some cases when they are disabled on the job or as the result of a non-work related disability. Contact one of the experienced Pine Bluff railroad injury attorneys on this page for an explanation of the compensation you may be entitled to under both FELA and other disability benefits laws.
One way you might be entitled to additional compensation is through the United States Railroad Retirement Board (RRB), which is a co-equal agency to the Social Security Administration (SSA), and is headquartered in Chicago, Illinois at 844 N. Rush Street, Chicago, Illinois 60611. Some of the RRB’s functions include administering retirement, survivor, and disability claims for railway workers and their families (including spouses and minor beneficiaries). A Pine Bluff or Jefferson County railroad employee is eligible for these benefits if he or she has enough “time-in,” which means 120 or more months of service for the railroad. In some cases, an employee with 60 or more months of service may file a claim with the RRB; however, any employee with less than 60 months must file with the SSA. As with SSA disability benefits, it is important to have a well-qualified and experienced Pine Bluff injury attorney to manage and guide your claim through the bureaucratic process.
For more information regarding railroad disability benefits through the RRB, consult the U.S Railroad Retirement Board’s website.
What are important steps Pine Bluff railway injury victims should take after being injured while working for a railroad?
Report the injury to your employer by completing an injury report.
List all relevant details in the report, including any condition or other factor that could have contributed to the injury in any way. This is particularly important because FELA, unlike other worker’s compensation claims, is fault-based and requires a finding that the railroad was negligent in some way. If you don’t include all contributing causes when you fill out the accident or injury report, it may later be used as evidence against you.
Discuss your injury with your co-workers and ask them to be a witness for you at trial, if necessary. Also, ask them to record their observations as soon as possible after the accident occurs.
See a doctor. You are not required to see a company doctor and may see your own doctor to get an independent and unbiased assessment of your injuries.
Keep accurate records of lost wages, expenses, travel costs, and other financial costs related to the injury. Where possible, keep copies of all receipts.
Maintain logs of your discomfort and physical symptoms resulting from the injury and make sure to inform your doctor of these symptoms.
- Contact one of the experienced Pine Bluff railroad injury attorneys listed above for a free initial consultation regarding your claim.
Union Pacific and Amtrak serve the Pine Bluff area. Contact information for these train lines is provided for your convenience.
Union Pacific Locomotive Shop
3511 Paper Mill Road, Pine Bluff, AR 71601
Pine Bluff railroad injury attorneys and Jefferson County railroad injury attorneys represent a variety of different railroad workers in Pine Bluff, Arkansas railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.
Personal Injury Attorneys Serve Pine Bluff and Surrounding Cities
Serving clients throughout Southeastern Arkansas, including Arkadelphia, Center Grove, Clarksville, Cornerstone, Dumas, El Dorado, Fordyce, Friendship, Grady, Greenville, Hot Springs, Jacksonville, Little Rock, Mount Zion, Pine Bluff, Redfield, Sheridan, Wabbaseka, Warren, White Oak Bluff, Wrightsville, and other communities in Jefferson County.
Contact one of the qualified Jefferson County FELA railroad injury lawyers above for a no-strings-attached, FREE INITIAL CONSULTATION regarding your personal injury claim.