Houston FELA Attorney

Are you a railroad worker who has been injured on the job or developed an illness related to your work? It can be difficult to have your career interrupted by illness or injury. Worse yet is the worry about how you will live and how the bills will be paid, making it vital to have a skilled and experienced Houston FELA attorney.

You may be able to claim compensation through FELA, the Federal Employers’ Liability Act. You’ll need a lawyer to help, because these cases can be very difficult and the railroads have resources to fight claims. The good news is that the FELA lawyers at the Houston, Texas, law firm of Gordon & Elias, LLP, have resources of their own, along with knowledge, skill, energy, and commitment to justice for injured railroad employees.

What is FELA?

FELA  is a federal law that protects railroad worker injured in an on-the-job accidents—engineers, conductors, brakemen, switchmen, and other railroad employees—by giving them the ability to sue their employer.

You’ll be able to choose either a federal or state court. FELA is different from Workers’ Compensation in that you must prove at least some negligence or fault on the part of your employer.

However, you don’t have to prove that the railroad is entirely at fault, or even that it is mostly at fault, only that it did something—or failed to do something it should have done—that contributed to your injury or illness. FELA covers not only accidents, but also such conditions as repetitive trauma injuries like traumatic arthritis and occupational diseases common to railroad workers, such as hearing loss, asbestosis, solvent exposure, and even aggravation of a pre-existing condition if the aggravation was job-related.

The Railroad’s Duty to Employees

FELA is specific in stating the duties the railroad owes to each of its employees to ensure a safe workplace:

• to provide adequate manpower for a job;
• to provide appropriate and safe tools and equipment;
• to properly maintain tools and equipment;
• to adequately inspect work areas for employee safety;
• to develop, implement, and enforce work safety rules for employees;
• to provide workers with proper training in the proper use of tools and equipment.

If the railroad has not complied completely with any of these requirements, and you suffer an injury as a result, they may be liable to pay you monetary damages.

Proving a FELA Case

There are three basic elements that you must prove to succeed in your FELA claim:

1.)   You were injured in the course and scope of your employment with the railroad;

2.)   The railroad is engaged in interstate commerce;

3.)   The railroad’s negligence was at least partially responsible for your injury.

If you are able to prove these three elements, you may be able to obtain compensation for your past and future damages, including physical and/or mental pain and suffering; disability; expenses for medical treatment, hospitalization, and rehabilitation; and past, present, and potential future lost earnings. In the event of an on-the-job death, surviving family members may recover for loss of nurture and support, loss of fringe benefits, and loss of the value of household services, as well as for the deceased’s pain and suffering prior to death from the accident, medical expenses, and funeral expenses.

Top-Notch Legal Representation in Houston for Your FELA Claim

At Gordon & Elias, LLP, we know railroad law, and we know it well, as we should – our Houston personal injury attorneys have sixty years of combined experience! We have the resources to perform a detailed investigation of your railroad accident, gather and preserve the evidence, negotiate with the railroad, gather your medical records, document your expenses and other losses, and ensure that all the required accident reports and legal documents are filed in a timely manner. We will work aggressively and unrelentingly to ensure that you receive a fair recovery that fully compensates you for all of your damages, both economic and non-economic.

Call us today to schedule a free consultation and case analysis. We will give you honest answers to all of your questions and advise you on your options. It costs you nothing upfront, and nothing at all—ever—until your settlement check is delivered. If we don’t win, you don’t pay.