Railroad Accident Lawyer

As a trusted New York City law firm, Kelner & Kelner has represented railroad workers and their families in accident cases for over 70 years. Our railroad accident lawyers understand the complexities of the Federal Employers' Liability Act (FELA) and work tirelessly to protect the rights of injured railroad workers.

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

Why Choose Kelner & Kelner for Your Railroad Accident Case?

• Our legal team comprises 10 dedicated New York railraod accident lawyers with an impressive 75 years of actual practice, not just combined experience.
• We have a legacy spanning three generations since 1950, blending time-honored wisdom with cutting-edge legal strategies specifically tailored for railraod accident cases.
• Our firm has successfully handled thousands of railraod accident cases, resulting in billions in settlements for our injured clients.
• Kelner & Kelner, railraod accident attorneys, have been consistently recognized for excellence with decades of Top Super Lawyers awards in the field of railraod accident law.
• We offer a personalized approach: Unlike high-volume firms, we assign a dedicated New York railraod accident lawyer to handle your case from start to finish personally.
• Our commitment to quality over quantity means we maintain a focused caseload, investing the necessary time, resources, and energy into each unique railraod accident case.
• We operate on a "Pay Nothing Unless You Win" basis, ensuring our railraod accident legal services are accessible to all who need them.
• Our reputation in New York's legal community is unparalleled: fellow New York railraod accident lawyers regularly entrust us with their most valued clients through referrals.
• We are conveniently located in the heart of New York City at 7 World Trade Center, making us easily accessible for railraod accident victims across the metropolitan area.

What Is FELA?

The Federal Employers' Liability Act (FELA) is a law that protects and compensates railroad workers injured on the job. Unlike standard workers' compensation, FELA allows railroad employees to sue their employers for injuries caused by workplace negligence. At Kelner & Kelner, our train accident lawyers help injured workers understand their rights and pursue fair compensation under FELA.

FELA claims differ from workers' compensation because they require proving some level of railroad company negligence. However, even if the railroad was only partially at fault for your injury, you may be entitled to significant compensation, including damages for medical expenses, lost wages, pain and suffering, and reduced quality of life.

Financial Compensation After Railroad Accidents

As railroad accident lawyers serving New York City, we help injured railroad workers recover the full compensation they deserve. Under FELA, you may be entitled to various types of damages beyond what traditional workers' compensation provides. Here are the key categories of compensation available:

• Medical Expenses: Coverage for all necessary medical treatment, including emergency care, surgeries, hospital stays, rehabilitation, medications, and ongoing care needs.
• Lost Wages: Recovery of income lost during your recovery period, including overtime, bonuses, and other employment benefits you missed while unable to work.
• Future Earning Capacity: Compensation for reduced ability to earn income in the future due to permanent injuries or disabilities that affect your work capabilities.
• Pain and Suffering: Monetary damages for physical pain, discomfort, and emotional distress experienced due to your railroad accident injuries.
• Rehabilitation Costs: Coverage for physical therapy, occupational therapy, vocational rehabilitation, and any necessary medical equipment or home modifications.
• Permanent Disability: Compensation for lasting impairments that affect your ability to work, perform daily activities, or enjoy life as you did before the accident.
• Family Impact: Damages for loss of consortium, which covers how your injuries affect your relationship with your spouse and ability to care for your family.
• Out-of-Pocket Expenses: Reimbursement for transportation to medical appointments, home care services, and other injury-related expenses you've paid personally.
• Mental Health Treatment: Coverage for psychological counseling and therapy needed to address trauma, anxiety, depression, or other emotional impacts of your accident.
• Quality of Life: Compensation for diminished ability to participate in hobbies, social activities, and other aspects of daily life that brought you joy before the injury.

As your railroad accident lawyer, we thoroughly document all damages to ensure nothing is overlooked in your claim. Contact Kelner & Kelner today for a free consultation to discuss the specific compensation you may be entitled to under FELA. Remember, time limits apply to railroad injury claims, so don't delay in protecting your rights.

How a Railroad Accident Lawyer Can Maximize Your Compensation

At Kelner & Kelner, our train accident lawyers understand that your injury affects every aspect of your life. As your dedicated FELA lawyer, we employ proven strategies to help you receive the maximum compensation possible. Here's how we work to protect your interests:

• Immediate Case Evaluation: Our train accident attorneys quickly assess your accident circumstances, gather time-sensitive evidence, and begin building your case while details are fresh and evidence is preserved.
• Complete Evidence Collection: We document all aspects of your accident through photographs, witness statements, safety records, and maintenance logs before critical evidence disappears.
• Full Injury Documentation: Our train accident attorneys ensure your medical records capture every injury and complication, working with your healthcare providers to establish clear links between the train accident and your conditions.
• Detailed Damages Calculation: We meticulously document all financial impacts, from medical bills and lost wages to future care needs and diminished earning capacity, leaving no compensation source overlooked.
• Strategic Negotiations: Our personal injury lawyers leverage our deep knowledge of FELA law and railroad company tactics to counter lowball offers and fight for the full value of your claim.
• Comprehensive Claim Building: We develop multiple theories of railroad negligence, strengthening your position and increasing potential compensation sources.
• Deadline Management: We protect your right to compensation by ensuring all FELA claim requirements and legal deadlines are met without exception.
• Company Resources: We match the railroad's legal resources with our own team of investigators, medical professionals, and industry experts who support your claim.
• Settlement Analysis: We provide clear guidance about settlement offers, explain their long-term implications, and fight for terms that fully address your current and future needs.
• Trial Readiness: We prepare every case thoroughly for trial, showing the railroad we're ready to fight in court if they don't offer fair compensation.

Don't risk accepting less than you deserve. Contact Kelner & Kelner today for a free consultation to learn how our railroad accident lawyers can help maximize your compensation. With decades of handling FELA claims, we know what it takes to secure the full compensation injured railroad workers deserve.

Common Injuries Associated with Railroad Accidents

As railroad accident lawyers representing injured railroad workers throughout New York City, Kelner & Kelner has seen firsthand how devastating these injuries can be. Our FELA lawyers understand the unique challenges each type of injury presents. Here are common injuries we see in train accident cases:

• Traumatic Brain Injuries: Impact to the head during derailments, falls, or equipment strikes can cause concussions, memory problems, cognitive difficulties, and long-term neurological complications requiring extensive rehabilitation.
• Spinal Cord Damage: Falls from heights, crushing accidents between cars, or severe impacts can cause partial or complete paralysis, requiring lifelong medical care and significant lifestyle adjustments.
• Amputation Injuries: Accidents involving moving equipment, coupling mechanisms, or trapped limbs can result in traumatic amputation or injuries so severe they require surgical amputation.
• Burns and Electrical Injuries: Contact with electrical equipment, hot surfaces, or chemical exposures can cause severe burns, leading to permanent scarring, nerve damage, and chronic pain.
• Repetitive Stress Trauma: Long-term exposure to vibration, repeated motions, or awkward positioning can cause chronic conditions affecting joints, muscles, and nerves throughout the body.
• Crush Injuries: Being caught between railroad cars, equipment, or other heavy objects can cause severe internal organ damage, broken bones, and permanent disabilities.
• Back and Neck Injuries: Sudden movements during accidents, heavy lifting, or prolonged physical strain can cause herniated discs, muscle tears, and chronic pain conditions requiring ongoing treatment.
• Hearing Loss: Extended exposure to loud equipment noise or sudden acoustic trauma can cause permanent hearing damage, affecting both work capabilities and quality of life.
• Psychological Trauma: Severe accidents can lead to post-traumatic stress disorder, anxiety, depression, and other mental health conditions requiring professional treatment.
• Multiple Fractures: Impact injuries during derailments, falls, or equipment accidents can cause complex bone fractures requiring multiple surgeries and extended recovery periods.

If you've suffered any of these injuries in a railroad accident, our railroad accident lawyers can help you pursue the compensation you deserve under FELA. Contact Kelner & Kelner today for a free consultation to discuss your case and learn about your legal rights. Remember, the sooner you reach out, the better we can protect your interests and build a strong claim for maximum compensation.

Common Causes of Railroad Accidents

As railroad accident lawyers serving New York City, Kelner & Kelner has investigated countless railroad accidents and understands the many ways these incidents can occur. Our FELA lawyers work to identify all contributing factors to strengthen your claim. Here are the common causes we encounter:

• Equipment Failure: Defective brakes, faulty signals, worn rails, or malfunctioning coupling mechanisms can lead to catastrophic accidents when railroads fail to properly maintain and inspect their equipment.
• Track Maintenance Issues: Cracked rails, loose ties, damaged switches, or improper ballast maintenance can cause derailments or other serious accidents that put workers at risk.
• Communication Breakdowns: Miscommunication between crew members, dispatch errors, or signal failures can result in collisions, switching accidents, or workers being struck by moving equipment.
• Inadequate Training: Insufficient worker training on safety procedures, equipment operation, or emergency protocols can lead to dangerous mistakes and serious injuries.
• Fatigue-Related Errors: Long shifts, irregular schedules, or insufficient rest periods can cause worker fatigue, leading to poor decision-making and slower reaction times.
• Safety Rule Violations: Failure to follow proper lockout/tagout procedures, rushing operations, or skipping safety checks can create hazardous conditions leading to accidents.
• Hazardous Work Conditions: Poor lighting, adverse weather conditions, cluttered workspaces, or inadequate fall protection can contribute to slips, trips, and falls.
• Electrical Hazards: Exposed wiring, improper grounding, or contact with overhead power lines can cause severe electrical injuries or electrocution.
• Chemical Exposure: Improper handling, storage, or disposal of hazardous materials can lead to toxic exposure causing both immediate and long-term health effects.
• Mechanical Failures: Worn components, improper maintenance, or manufacturing defects in tools and equipment can cause unexpected failures leading to worker injuries.

If you've been injured in a railroad accident, our railroad accident lawyers can investigate the cause and help establish railroad negligence under FELA. Contact Kelner & Kelner today for a free consultation to discuss your case. With decades of experience handling FELA claims, we understand how to prove railroad company liability and secure the compensation you deserve.

The Rights of Railroad Workers After an Injury or Illness

At Kelner & Kelner, our railroad accident lawyers ensure injured railroad workers understand and exercise their full legal rights. As your FELA lawyer, we protect these important rights while pursuing maximum compensation. Here are the key rights you should know:

• Right to Immediate Medical Care: You have the right to seek treatment from your chosen healthcare provider without waiting for railroad company approval, ensuring you receive proper care for your injuries.
• Right to Report Unsafe Conditions: You can report safety violations or hazardous conditions to the Federal Railroad Administration without fear of retaliation from your employer.
• Right to File a FELA Claim: You have three years from the date of injury to file a claim for compensation, including damages for pain and suffering that aren't available under standard workers' compensation.
• Right to Legal Representation: You can choose your own railroad accident lawyer to represent your interests, and the railroad cannot interfere with this right or pressure you to use their suggested attorney.
• Right to Return to Work: You can return to work when medically cleared without discrimination, and the railroad must make reasonable accommodations for any permanent restrictions.
• Right to Medical Privacy: Your personal medical information remains confidential, though you may need to release relevant records to support your FELA claim.
• Right to Refuse Recorded Statements: You can decline to give recorded statements to railroad claims agents or investigators until you've consulted with your own railroad accident lawyer.
• Right to Witness Protection: Coworkers who witness your accident have the right to provide truthful testimony without fear of retaliation from the railroad.
• Right to Full Compensation: You can pursue all damages you're entitled to under FELA, including future medical expenses, lost earnings, and non-economic damages.
• Right to Job Protection: You are protected from termination or discrimination for exercising your rights under FELA or filing an injury claim.

Don't let the railroad company minimize or deny these important rights. Contact Kelner & Kelner today for a free consultation with a railroad accident lawyer who will protect your interests. Understanding and exercising your rights is crucial to securing the compensation you deserve under FELA.

What To Do After a Railroad Accident Injury

At Kelner & Kelner, our railroad accident lawyers know that the steps you take immediately after a railroad injury can significantly impact your FELA claim. Here's what you should do to protect your health and legal rights:

• Seek Medical Care: Get immediate medical attention for your injuries, even if they seem minor at first, as some conditions may worsen over time or have delayed symptoms.
• Report the Incident: Notify your supervisor about the accident and ensure an official incident report is filed, but avoid speculating about fault or making detailed statements without legal counsel.
• Document Everything: Take photos of the accident scene, your injuries, and any unsafe conditions if you're able, and write down the names of any witnesses present.
• Preserve Evidence: Keep your work clothes, equipment involved in the accident, and any other relevant items in their post-accident condition without alterations.
• Record Your Account: Write down your detailed recollection of the accident as soon as possible, including weather conditions, equipment involved, and any safety issues you observed.
• Decline Recorded Statements: Politely refuse to give recorded or written statements to railroad claims agents until you've consulted with a railroad accident lawyer.
• Track Your Expenses: Save all medical bills, receipts for medications, travel costs to medical appointments, and documentation of lost wages.
• Monitor Your Health: Keep a daily log of your symptoms, pain levels, and how your injuries affect 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 could be used against your claim.
• Contact Legal Help: Reach out to a railroad accident lawyer promptly to ensure your FELA claim is properly filed and your rights are protected from the start.

Don't face the aftermath of a railroad accident alone. Contact Kelner & Kelner for a free consultation with an experienced railroad accident lawyer who can guide you through the process and help secure the compensation you deserve. Remember, taking the right steps early can significantly strengthen your FELA claim.

Who is Liable for My Railroad Accident Injury?

As railroad accident lawyers serving New York City, Kelner & Kelner helps injured railroad workers identify all potentially liable parties under FELA and other applicable laws. Understanding liability is crucial for maximizing your compensation. Here are the parties who may be responsible:

• Railroad Company: Your employer can be held liable under FELA for failing to provide a safe workplace, inadequate training, poor equipment maintenance, or violating safety regulations that contributed to your injury.
• Equipment Manufacturers: Companies that design or manufacture defective railroad equipment, tools, or safety devices may be liable through product liability claims separate from your FELA case.
• Maintenance Contractors: Third-party companies responsible for maintaining tracks, signals, or equipment can be held liable if their negligent work contributed to your accident.
• Other Railroad Companies: Railways sharing tracks or equipment may bear responsibility if their negligent actions or maintenance practices played a role in causing your injury.
• Construction Companies: Contractors performing track work, building maintenance, or other construction activities may be liable if their negligence created hazardous conditions.
• Chemical Suppliers: Companies providing hazardous materials can be held responsible if improper labeling, packaging, or handling instructions led to toxic exposure injuries.
• Track Owners: Entities owning the tracks or rail yards where your accident occurred may share liability for poor maintenance or unsafe conditions.
• Vehicle Operators: In crossing accidents or workplace vehicle collisions, other drivers or their employers might bear partial responsibility for your injuries.
• Safety Equipment Providers: Companies supplying defective or inadequate personal protective equipment may be liable if equipment failure contributed to your injuries.
• Property Owners: Private property owners allowing railroad operations on their land may share liability for dangerous conditions they knew about but failed to address.

Don't risk overlooking potential sources of compensation. Contact Kelner & Kelner today for a free consultation with a railroad accident lawyer who can thoroughly investigate your case and identify all liable parties. Our FELA lawyers will work to ensure every responsible party is held accountable for your injuries.

Contact Our Railroad Accident Lawyers Today

If you've been injured while working on the railroad, don't wait to get the legal representation you deserve. At Kelner & Kelner, our railroad accident lawyers are ready to evaluate your case and protect your rights under FELA. Contact us today for a free, confidential consultation.

Free Consultation - Act Now

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

Railroad Accident Lawyer FAQs

How long do I have to file my railroad injury claim?

Under FELA, you generally have three years from the date of your injury to file a claim. However, certain circumstances may affect this timeline, and waiting can make it harder to gather evidence. We recommend contacting a railroad accident lawyer as soon as possible after your injury.

What if I was partially at fault for my railroad accident?

FELA uses comparative negligence, meaning you can still recover compensation even if you were partially at fault. Your damages would be reduced by your percentage of fault. For example, if you were 20% responsible, you could still receive 80% of your total damages.

Will I have to go to court for my railroad injury claim?

While many FELA claims settle outside of court through negotiations, we prepare every case as if it will go to trial. This thorough preparation often leads to better settlement offers, but if the railroad refuses to offer fair compensation, we're ready to advocate for you in court.

Can I see my own doctor for treatment?

Yes, you have the right to choose your own healthcare providers for treatment. You do not need to use company-designated doctors, and the railroad cannot require you to see specific physicians.

What if my injury developed over time rather than from a single accident? FELA covers both traumatic injuries from accidents and cumulative trauma disorders that develop over time from repetitive motions or long-term exposure to harmful conditions. The three-year statute of limitations typically begins when you knew or should have known about the injury and its connection to your railroad work.

What compensation can I claim for emotional distress?

FELA allows recovery for both physical and psychological injuries. If you've experienced anxiety, depression, PTSD, or other emotional trauma related to your railroad accident, these damages can be included in your claim.

Should I give a statement to the railroad's claims agent?

We advise against giving any recorded or written statements to railroad representatives before consulting with a railroad accident lawyer. These statements can potentially be used to minimize your claim or deny compensation.

What if the railroad offers me light duty work?

If you're offered light duty work within your medical restrictions, carefully review the offer with your doctor and railroad accident lawyer. While you generally should accept appropriate light duty work, you want to ensure it truly accommodates your medical limitations.

Contact Kelner & Kelner for a free consultation to discuss any other questions about your railroad injury case and learn how we can help protect your rights under FELA.