FELA Lawyer: Protecting Railroad Workers' Rights in New York

At Kelner & Kelner, we have devoted decades to representing railroad workers injured on the job throughout New York. Our FELA lawyers understand the unique challenges faced by railroad employees and their families when workplace accidents occur. The Federal Employers Liability Act (FELA) provides vital protections for railroad workers, and our experienced legal team helps ensure these workers receive the compensation they deserve.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

What is FELA?

The Federal Employers Liability Act (FELA), enacted in 1908, is a United States federal law that protects and compensates railroad workers injured on the job due to employer negligence. Unlike standard workers' compensation laws, FELA requires workers to prove their employer was legally negligent, but uses a "featherweight" burden of proof - meaning workers only need to show that the railroad's negligence played even a slight role in their injury to recover damages.

The key difference between FELA and workers' compensation is that FELA allows railroad workers to sue their employers directly and potentially recover higher compensation, including damages for pain and suffering, lost wages, and future earnings. However, because it requires proving negligence, railroad workers must demonstrate that their employer failed to provide a reasonably safe work environment, adequate training, or proper safety equipment.

Financial Compensation You May Be Entitled To After Filing a FELA Lawsuit

At Kelner & Kelner, our FELA lawyers help railroad workers recover the full range of damages available under the Federal Employers Liability Act. Unlike standard workers' compensation claims, FELA allows injured railroad workers to pursue comprehensive compensation that accounts for both economic and non-economic damages.

• Medical Expenses: Your FELA attorney can help you recover costs for all past and future medical treatment, including hospital stays, surgeries, rehabilitation, medications, and medical equipment.
• Lost Wages: We pursue compensation for income lost during your recovery period, as well as any reduction in future earning capacity due to permanent injuries or disabilities.
• Pain and Suffering: FELA allows recovery for physical pain and discomfort experienced due to your injuries, both immediate and ongoing.
• Mental Anguish: Our FELA lawyers help you recover compensation for emotional distress, anxiety, depression, and other psychological impacts of your injury.
• Loss of Quality of Life: We pursue damages for diminished ability to enjoy life's activities, participate in hobbies, or maintain family relationships due to your injuries.
• Permanent Disability: If your injury results in permanent impairment, our FELA attorney team helps secure compensation for lifelong impacts on your ability to work and function.
• Disfigurement: Compensation may be available for visible scarring, amputations, or other permanent changes to your appearance resulting from railroad injuries.
• Loss of Benefits: We pursue recovery for lost retirement contributions, healthcare benefits, and other employment benefits affected by your injury.
• Household Services: Your settlement can include compensation for services you can no longer perform at home, such as maintenance, repairs, or yard work.
• Family Impact: FELA allows compensation for how your injuries affect your relationship with your spouse and family, including loss of consortium claims.

Contact our FELA lawyers at Kelner & Kelner to understand the full scope of compensation you may be entitled to under FELA. We offer free consultations to evaluate your case and explain how we can help maximize your recovery.

How a FELA Lawyer Can Help Get You Compensated For Your Injuries

At Kelner & Kelner, our FELA lawyers understand the complexities of railroad injury cases and the critical differences between FELA claims and standard workers' compensation. When you work with our FELA attorney team, we provide comprehensive legal support to help secure the compensation you deserve.

• Immediate Case Evaluation: Our FELA lawyers thoroughly review your accident circumstances, gathering initial evidence and identifying all potential sources of railroad company negligence that contributed to your injury.
• Accident Investigation: We deploy our investigative resources immediately, preserving critical evidence, interviewing witnesses, and documenting unsafe conditions before important details are lost or altered.
• Medical Documentation: Your FELA attorney works with medical professionals to fully document your injuries, ensuring all current and future medical needs are properly assessed and included in your claim.
• Evidence Collection: Our team gathers essential documentation including accident reports, maintenance records, safety violations, training materials, and workplace policies that demonstrate railroad negligence.
• Causation Analysis: We work with industry professionals to establish the clear connection between railroad negligence and your injuries, meeting FELA's specific burden of proof requirements.
• Benefits Protection: Your FELA lawyer protects your railroad retirement and other employment benefits while pursuing your injury claim.
• Settlement Negotiations: We handle all communications with railroad claims agents and insurance representatives, leveraging our experience to pursue maximum compensation through skilled negotiation.
• Trial Preparation: If fair settlement cannot be reached, our FELA attorney team builds a compelling court case, preparing all necessary documentation and expert testimony.
• Damages Calculation: We work with economic and medical experts to accurately calculate all past and future damages, ensuring no aspect of your losses goes uncompensated.
• Timeline Management: Our FELA lawyers carefully monitor all filing deadlines and statutes of limitation, ensuring your legal rights are protected throughout the claims process.

Contact Kelner & Kelner for a free consultation with our FELA lawyer team. We'll explain how we can put our experience to work protecting your rights and pursuing the compensation you need to secure your future.

FELA Cases We Take

At Kelner & Kelner, our FELA lawyers represent railroad workers across New York who have suffered injuries due to railroad company negligence. We handle a wide range of cases under the Federal Employers Liability Act (FELA), advocating for workers' rights and pursuing maximum compensation for their injuries.

• Train Collisions and Derailments: Our FELA attorney team represents workers injured in catastrophic railroad accidents involving train collisions, derailments, and rail yard incidents that result from inadequate maintenance or safety protocols.
• Equipment Malfunctions: Our personal injury lawyers handle cases where railroad workers sustain injuries due to defective equipment, mechanical failures, or improperly maintained tools and machinery used in daily operations.
• Track Maintenance Accidents: Our FELA lawyers assist workers injured while performing track maintenance, including those hurt by passing trains, equipment failures, or unsafe working conditions.
• Switching and Coupling Accidents: Our personal injury attorneys represent railroad workers who suffer injuries during switching operations or while coupling/uncoupling cars, often due to faulty equipment or inadequate training.
• Toxic Exposure Claims: Our FELA attorney team pursues compensation for workers exposed to harmful substances like diesel fumes, asbestos, silica dust, and other toxic materials in the railroad environment.
• Repetitive Stress Injuries: We handle cases involving cumulative trauma disorders and repetitive stress injuries that develop over time due to the physical demands of railroad work.
• Falls and Slip Hazards: Our FELA lawyers represent workers injured in falls from equipment, platforms, or other elevated areas, as well as those who slip on poorly maintained walking surfaces.
• Electrical Injuries: We take cases involving electrocution or electrical burns suffered while working on or around electrically powered equipment and railway systems.
• Loading/Unloading Accidents: Our personal injury lawyer team assists workers injured during cargo loading and unloading operations, including cases involving improper procedures or inadequate safety measures.
• Signal System Failures: Our railroad attorneys represent workers injured due to malfunctioning signals, switches, or communication systems that lead to accidents or collisions.

If you've been injured while working for a railroad company, contact our FELA lawyers at Kelner & Kelner for a free consultation. We'll evaluate your case and explain how we can help you secure the compensation you deserve under FELA regulations.

Common Injuries Associated with a FELA Claim

At Kelner & Kelner, our FELA lawyers have represented railroad workers suffering from a wide range of occupational injuries. Our FELA attorney team understands how these injuries can impact your ability to work, your quality of life, and your family's financial security. Here are the most common injuries we see in FELA claims:

• Back and Spine Injuries: Railroad workers frequently suffer herniated discs, spinal compression, and chronic back pain from heavy lifting, repetitive motions, and accidents involving equipment or falls.
• Joint Damage: The physical demands of railroad work often lead to serious knee, shoulder, and hip injuries that may require surgery and extensive rehabilitation.
• Head Trauma: Our FELA lawyers regularly handle cases involving concussions and traumatic brain injuries caused by falling equipment, collisions, or workplace accidents.
• Repetitive Stress Injuries: Many railroad workers develop carpal tunnel syndrome, tendonitis, and other cumulative trauma disorders from performing the same physical tasks repeatedly over years.
• Respiratory Conditions: Long-term exposure to diesel exhaust, silica dust, and other airborne contaminants can cause severe lung damage and chronic respiratory diseases.
• Burns and Electrical Injuries: Contact with hot equipment, chemical exposures, and electrical accidents can result in severe burns requiring extensive medical treatment.
• Crushing Injuries: Workers caught between rail cars or heavy equipment often suffer devastating injuries to limbs, internal organs, and soft tissue.
• Noise-Related Damage: Prolonged exposure to loud engines and equipment can cause permanent hearing loss and tinnitus, affecting both work capacity and quality of life.
• Chemical Exposure Effects: Our FELA attorney team handles cases involving various illnesses caused by exposure to toxic substances, including cancers and organ damage.
• Amputation Injuries: Severe accidents involving moving equipment or crushing incidents can result in the loss of fingers, hands, arms, or legs.
• Psychological Trauma: Many railroad workers develop PTSD, anxiety, or depression following serious accidents or near-miss incidents on the job.
• Occupational Illnesses: Long-term exposure to workplace hazards can lead to various chronic conditions, including asbestosis, silicosis, and other debilitating diseases.

If you're suffering from any of these injuries due to railroad work, contact our FELA lawyers for a free consultation. Our team will evaluate your case and explain how we can help you pursue the compensation you need for medical care, lost wages, and other damages under FELA.

Common Causes of FELA Claims

At Kelner & Kelner, our FELA lawyers have successfully represented railroad workers in cases involving various types of railroad company negligence. Our FELA attorney team investigates each case thoroughly to identify all contributing factors that led to our clients' injuries. Here are the most common causes we encounter in FELA claims:

• Inadequate Training: Railroad companies often fail to provide proper safety training or updated instruction on new equipment and procedures, leading to preventable accidents and injuries.
• Defective Equipment: Poorly maintained or malfunctioning tools, machinery, and safety equipment create dangerous conditions that put railroad workers at unnecessary risk.
• Unsafe Work Practices: Companies may pressure workers to take shortcuts, ignore safety protocols, or work excessive hours without adequate rest periods.
• Poor Track Maintenance: Neglected track repairs, loose rails, deteriorating ties, and improper ballast conditions create serious hazards for railroad workers.
• Insufficient Staffing: Railroad companies sometimes operate with inadequate crew sizes, forcing workers to perform tasks without proper assistance or supervision.
• Hazardous Materials: Improper storage, handling, or disposal of dangerous substances exposes workers to toxic chemicals and harmful materials.
• Inadequate Safety Gear: Companies may fail to provide appropriate personal protective equipment or maintain safety devices in proper working condition.
• Communication Failures: Breakdowns in dispatch systems, signal malfunctions, or poor coordination between crews can lead to serious accidents.
• Workplace Violence: Insufficient security measures or inadequate procedures for dealing with workplace conflicts can result in worker injuries.
• Weather-Related Hazards: Companies may fail to implement proper safety measures during adverse weather conditions or force workers to continue operations in dangerous conditions.
• Ergonomic Issues: Poor workplace design and improper equipment setup can lead to repetitive stress injuries and cumulative trauma disorders.
• Regulatory Violations: Failure to comply with Federal Railroad Administration safety regulations and industry standards creates dangerous working conditions.

Contact our FELA lawyers for a free consultation if you've been injured due to any of these unsafe conditions. Our team will review your case and help you understand your rights under the Federal Employers Liability Act.

What To Do After a Railroad Injury

At Kelner & Kelner, our FELA lawyers understand that your actions immediately following a railroad injury can significantly impact your ability to recover compensation. Our FELA attorney team has compiled these essential steps to protect your rights and strengthen your claim:

• Report the Injury Immediately: Notify your supervisor and file an official accident report as soon as possible, even if you think the injury is minor at first. Document every detail about the incident while your memory is fresh.
• Seek Medical Treatment: Visit a doctor right away, even for seemingly minor injuries. Some conditions worsen over time, and prompt medical documentation is crucial for your FELA claim.
• Document the Scene: If possible, take photos of the accident site, equipment involved, and any visible hazards or unsafe conditions before they can be altered or repaired.
• Identify Witnesses: Make note of any coworkers or others who witnessed your accident or the conditions that caused it. Their testimony can be valuable evidence for your FELA claim.
• Preserve Evidence: Keep your work clothes, boots, and any equipment involved in the accident. These items may contain important evidence about what caused your injury.
• Decline Recorded Statements: Do not give recorded or written statements to claim agents or railroad investigators before consulting with a FELA lawyer about your rights.
• Track Your Expenses: Keep detailed records of all medical bills, prescriptions, travel expenses for treatment, and any other costs related to your injury.
• Document Lost Time: Maintain a log of all work days missed, including partial days, medical appointments, and therapy sessions.
• Monitor Your Symptoms: Keep a daily journal noting your pain levels, limitations, and how the injury affects your daily activities and ability to work.
• Avoid Social Media: Refrain from posting about your accident or injuries on social media platforms, as these posts can be used against your claim.
• Follow Medical Advice: Attend all appointments and follow your doctor's treatment plan precisely. Gaps in medical care can hurt your claim's value.
• Contact a FELA Lawyer: Reach out to our experienced FELA attorney team before signing any documents or accepting any settlement offers from the railroad.

Don't risk compromising your FELA claim by handling it alone. Contact our FELA lawyers for a free consultation to understand your rights and learn how we can help protect your interests during this critical time.

Get Help With Your FELA Injury Case

At Kelner & Kelner, our FELA lawyers are ready to help you understand your rights and pursue the compensation you deserve. We bring decades of experience representing railroad workers throughout New York, fighting to hold railroad companies accountable for workplace injuries and illnesses. Contact our FELA attorney team today for a free, confidential consultation about your case. Don't face the railroad companies alone—let us put our knowledge and resources to work for you.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

FELA Lawyer FAQs

Our FELA attorney team at Kelner & Kelner regularly addresses questions from railroad workers about their rights under the Federal Employers Liability Act. Here are answers to some frequently asked questions about FELA claims:

How is FELA different from workers' compensation?

FELA provides greater potential compensation than workers' compensation but requires proving railroad negligence. While workers' compensation is a no-fault system with set benefit amounts, FELA allows you to recover full compensation for all damages, including pain and suffering, when you can show the railroad's negligence played any part in causing your injury.

Does FELA cover occupational illnesses that develop over time?

Yes, FELA covers both acute injuries and occupational diseases that develop gradually due to exposure to harmful conditions or repetitive stress. The statute of limitations typically begins when you knew or should have known that your illness was work-related.

Can I still file a FELA claim if I was partially at fault for my injury?

Yes, FELA operates under comparative negligence principles. This means you can still recover damages even if you were partially at fault, though your percentage of responsibility for the accident may reduce your compensation.

Will I lose my job if I file a FELA claim?

Federal law prohibits railroads from retaliating against injured workers for filing FELA claims. If you experience any form of retaliation after filing a claim, our FELA lawyers can help protect your rights under additional federal laws.

What if my injury occurred while working from home or off railroad property?

FELA may still cover your injury if it occurred while performing work-related duties, regardless of location. Our FELA attorney team can evaluate your specific situation to determine coverage.

How long do I have to file a FELA claim?

The statute of limitations for FELA claims is three years from the date of injury or from when you reasonably should have known about an occupational illness. However, starting your claim much sooner is crucial to preserve evidence and protect your rights.

Does FELA cover railroad contractors?

Generally, FELA only covers direct employees of railroad carriers. However, contractors may have other legal remedies available, including traditional personal injury claims. Our FELA lawyers can help determine your best legal options.

What if my injury prevents me from returning to railroad work?

FELA compensation can include damages for permanent disability, lost future earnings, vocational retraining, and the difference in wages if you must take a lower-paying job. Our FELA attorney team works with economic experts to calculate these long-term losses.

Can my family file a FELA claim if I die from my railroad injuries?

Yes, FELA allows surviving family members to file wrongful death claims when a railroad worker dies from job-related injuries or illnesses. These claims can include compensation for loss of financial support, benefits, and family relationships.

What should I do if the railroad offers an early settlement?

Consult with a FELA lawyer before accepting any settlement offer. Early offers often undervalue long-term medical needs and other damages. Our FELA attorney team can evaluate whether an offer fairly compensates you for all current and future losses.

Contact our FELA lawyers for answers to your specific questions about railroad injury claims. We offer free consultations to help you understand your rights and options under FELA.