Train Accident Attorneys

Over $1 Billion Recovered for Accident Victims. We are proud to have a reputation for aggressively fighting for the rights of injured victims.

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Railroad Accident Information

If you were injured in a railroad accident while working for or on a railroad, your case will likely fall under the Federal Employer’s Liability Act (FELA). This federal law directs railroads to maintain their fleets, ensuring that their trains are in good working order and free of defects. If a railroad fails to comply with FELA standards, it may be found 100% liable for your damages.

Before FELA was passed in 1908, thousands of railroad workers were killed on the job each year. Unlike other workers, railroaders are usually exempt from coverage under state workers’ compensation. FELA was created to give injured railroad workers their own remedy; and it allows them to recover damages based on the negligence of a railroad company. FELA defines negligence as the railroad company’s failure to use reasonable care.

What Are FELA Laws?

FELA applies the concept of “comparative negligence” to all railroad accident claims filed under the statute. With “comparative negligence,” even if a judge or jury apportions part of the responsibility for the incident to the worker, the injured worker still recovers a monetary award equal to the railroad’s percentage of negligence. Under the majority of states’ laws, if an injured person is found 51% or more negligent, they recover nothing.

Under current FELA law, the damages an injured railroad worker may receive include:

  • Medical treatments
  • Present and future lost wages
  • Mental trauma

While FELA does have a three-year time limitation within which an injured railroad worker can file a lawsuit, it is important to get a train accident attorney involved early to preserve evidence.

Companies We’ve Fought Against

Lambert Zainey has obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.

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What Is The Railroad’s Duty To Their Employees?

Railroads are required to provide employees with a reasonably safe workplace under FELA. The railroad cannot delegate this responsibility, since it is considered a non-delegable duty. Evidence of railroad negligence, however, can be difficult to establish.

Railroads must keep up with the following responsibilities:

  • Assure that proper training and education is provided;
  • Provide reasonable safety precautions for employees;
  • Ensure adequate supervision;
  • Identify and correct unsafe conditions;
  • Task workers according to their capabilities;
  • Alert others to hazardous conditions.
  • Provide tools and equipment that are reasonably safe, which includes safety devices;
  • Maintain a reasonable level of safety at your workplace, free of unsafe conditions; and

The railroad can be deemed negligent if it fails to meet a standard of care or violates a law. The Federal Railroad Safety Authorization Act, or regulations of the Occupational Safety and Health Administration (OSHA), are examples of rules or laws that should not be broken. In a FELA claim, our Louisiana lawyer can assist the claimant in proving negligence.

Common Train Accident Injuries

Rail workers face serious bodily injury risks every day, and when an accident occurs, it can be devastating. Sadly, many victims are left with permanent injuries that require ongoing care. It can be financially crippling for workers to pay for medical treatment in times of emergency, and many workers are forced out of work to recover. FELA provides you with the right to file a lawsuit for monetary damages if your accident is a result of the negligence of your employer. You can hire an experienced train accident attorney to help you.

Traumatic injuries with resulting lawsuits most often include the following:

Can Railroad Worker Accident Victims In Louisiana Recover Damages?

In Louisiana, you may be eligible for the following types of damages if you have been injured in an accident involving a railroad.

  • Loss of income
  • Deformity
  • Compensation for pain and suffering
  • Bills for medical treatment
  • Disability
  • Mental distress
  • Disgrace and humiliation
  • Lost earning power (when an injured person returns to work but not to the same level as before the accident)

Under FELA, judges and juries have no limit on what damages they may award.

case results

Over $1 Billion Recovered for Maritime Accident Victims

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Murphy Oil Spill
$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

ARCO Explosion
SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Contact a Louisiana Train Accident Attorney Today

Railroad companies are large, established corporate giants. They often have unlimited resources with which to fight the claims of individual injured workers. You need to have an experienced team of FELA lawyers fighting for your legal rights.

At Lambert, Zainey, Smith & Soso, we have over 35 years of experience trying cases. Though we are located in Louisiana, we handle some of the toughest cases across the country. If you or a loved one has been injured or killed in a railroad accident, please contact our accident injury attorneys today for a free consultation.

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