Railroad Personal Injuries in Baton Rouge
A railroad injury can be caused falls, amputations, head injuries, and exposure to diesel fumes and mesothelioma caused by exposure to asbestos. Railroad employees are protected by a 1908 law, the Federal Employer’s Liability Law (FELA). It protects from the dangers associated with railroad work. Engineers, brakemen, switchmen, and all other railway employees are afforded protection under this law. Attorney Ed Kramer is an experienced Baton Rouge railroad accident attorney.
FELA is exclusive to railroad injury and is different from state worker’s compensation laws as well as personal injury laws. It is akin to the Jones Act Laws for injured seamen. Only slight negligence by the employer has to be proved to win your case and to claim damages under FELA. Further, if the employer violates a safety regulation, it may bar contributory fault on the worker’s part. A qualified personal injury lawyer in Louisiana with experience in railroad litigation, such as Attorney Ed Kramer, can help you.
Railroad Accident Injuries
Many railroad injuries are serious. Unprotected railroad crossings, badly maintained cars or tracks, mechanical errors, disregarding safety regulations, and driver error is responsible for a vast majority of such accidents taking place in Louisiana 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.
Faulty equipment, such as levers, ropes, couplings, cranes, and the like are often involved in these accidents.
Railroad Injury Laws in Louisiana
Railroad injury worker’s compensation under the Federal FELA laws supplants Louisiana Law in the area of railroad worker injuries. It is helpful for the lawyer for an injured railroad worker to use investigators and experts to help prove a case on behalf of the injured plaintiff. There is also a time limit for filing of lawsuits, usually three years from the time of injury or death. In cases of diseases, there are further issues regarding the start of the three years. So, if you or a loved one have been hurt in this manner do not hesitate to call the InjuredGo.com Law Firm immediately.
Attorney Ed Kramer fought on behalf of an injured seaman under the Jones Act and won at the United States Supreme Court. The case borrowed from the FELA Laws and found that his back injury from falling off a ladder was not his fault. Watterson v. Mallard Bay.
Damages And Compensation
Some injuries are slight, but many are serious. Some can lead to a career ending disability. If there is a disability, the injured worker may be eligible for long-term disability benefits. There is an “occupational disability” benefit, which is paid out monthly. There is also a “total disability” benefit which is not. Benefits and compensation provided by FELA provide for more comprehensive payouts than those under a state workers’ claim.
A worker injured in a railroad workplace mishap is entitled to damages. These damages include past and future lost wages, medical expenses, 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. The InjuredGo.com Law Firm can help you.
InjuredGo.com Handles Railroad Worker Injury Cases
Ed Kramer is experienced in Railroad Worker Injury cases. The InjuredGo.com Law Firm handles back injury and other railroad worker injuries across New Orleans, Kenner, Lafayette, Mandeville, Lafourche, Terrebonne, Jefferson, Orleans, East Baton Rouge, West Baton Rouge, Ascension, and St. John Parishes.
If you have a Railroad injury, contact us today for a FREE consultation.
Call InjuredGo.com Personal Injury Law Firm to Discuss Your Case
If you are ready to pursue justice for yourself, InjuredGo.com is willing to help. Baton Rouge personal injury attorney Ed Kramer handles all types of personal injury claims, including Baton Rouge Railroad Injury Cases. InjuredGo.com Law Firm, LLC has several locations for your convenience. If you would like to discuss your case, call or email today for a free consultation at (225) 933-1500.
Ed helped my husband and me when we needed an attorney. Ed is a serious lawyer and found information that helped us settle our case. We were very satisfied. Ed was available to us and returned our calls if we left a message.