Railroad Injuries / FELA

Tennessee Railroad Accident Attorneys

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We help get railroad employees, passengers, and victims back on track to a full recovery

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Railroad accidents cause thousands of injuries and fatalities each year.

In fact, trains are estimated to kill one person every 100 minutes in the United States. For those lucky enough to survive a railroad accident, the injuries sustained are often life-threatening and require extensive medical treatment.

The increasing railroad traffic in recent years means an even greater risk to both railroad employees and the public. This risk is made even worse considering the following factors:

• More than 80 percent of crossings lack adequate warning devices such as lights and gates.
• One third of crossings have no active warning device of any kind.
• More than half of all railroad accidents occur at unprotected crossings.
• At many crossings, warning time is so short that pedestrians and motorists are susceptible to injury from an approaching train.
• Occupants of vehicles that collide with a train are 40 times more likely to die than if they had collided with another vehicle of comparable size.

In addition, railroad workers are exposed to many occupational risks, including brain injuries, electrocution, burns, spinal cord injuries, knee injuries, slip and falls, as well as exposure to hazardous substances such as asbestos, creosote, silica, and dangerous chemical solvents.

What Are My Rights Under FELA?

The Federal Employers' Liability Act (FELA) is a U.S. federal law enacted in 1908 to protect and compensate railroad workers injured on the job when the railroad is at least partially at fault for the injuries, including in the Knoxville, TN area. As a railroad employee, if you are injured while performing your duties, FELA gives you the right to sue your employer for negligence. Unlike workers' compensation, which can be a no-fault system, FELA requires you to prove that the railroad was legally negligent in contributing to your injury.

However, the level of negligence you need to prove under FELA is lower than in ordinary negligence law. This means your ability to receive compensation can be much greater under FELA if negligence is established. This is where the need for an experienced trial attorney and a firm such as Gilreath & Associates with over 60 years of experience comes in handy.

Statute of Limitations and How Fast One Needs to File a Claim

Under FELA, there is a strict statute of limitations. You must file your lawsuit within three years from the date of the injury. This limitation applies to Tennessee railroad and rail worker claims as well. It is crucial to be aware of this timeline because failing to file within the three-year window typically means you lose your right to claim.

Time can be of the essence, and understanding the specifics of your injury date is critical. If you suspect that your injury was caused by long-term exposure or occupational disease, it’s important to seek legal counsel to determine the specific dates that might affect your case.

Can the Railroad Fire Me If I Hire a Lawyer?

It is illegal for a railroad to retaliate against an employee for hiring a lawyer or filing a FELA claim. Retaliation can include dismissal, demotion, discrimination, or any other form of adverse employment action. If you experience retaliation, you may have additional legal claims against your employer. Protecting your rights is paramount, and the law is on your side to support your decision to seek legal representation in Knoxville, Nashville, Memphis or elsewhere in Tennessee without fear of losing your job.

Do I Have to Use a Company Referred Doctor?

Under FELA, you are not required to use a doctor referred or provided by the railroad company. You can use your local Memphis or Knoxville doctor if you prefer. You have the right to choose your own doctor for diagnosis and treatment of your injuries. This is an important aspect because it allows you to seek unbiased medical opinions and care without the railroad company’s influence, ensuring your health and recovery are given priority based on independent medical advice.

Identifying Various Types of Railroad Injuries

Railroad injuries can vary widely, depending on the nature of the incident and the conditions under which railroad workers perform their duties. Some of the most common injuries include:

Traumatic Injuries: These may occur from slips, trips, and falls, or from being struck by or against objects.

Repetitive Stress Injuries: Continuous repetitive motions can lead to conditions such as carpal tunnel syndrome or tendonitis.

Occupational Diseases: Long-term exposure to harmful substances or unsafe working conditions can lead to diseases such as mesothelioma from asbestos exposure, or lung disease from silica dust.

Hearing Loss: Prolonged exposure to high noise levels in railroad environments can result in permanent hearing damage.

Psychological Injuries: The high-stress environment and potential for traumatic incidents can lead to psychological conditions such as PTSD.

At Gilreath & Associates, we understand the complexities of FELA claims and the devastating impact injuries can have on your life and work. Our dedicated team is committed to guiding you through each step of your legal journey to secure the compensation and justice you deserve. If you have been injured in a railroad-related accident, contact us today online or call us at 800-637-7024 for a free case consultation.