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Experienced FELA Railroad Accident Lawyers in Montgomery, Alabama
If you or a loved one has been injured while working for a railroad, you may be entitled to compensation under the Federal Employers Liability Act (FELA). At Wettermark Keith, our experienced FELA lawyers in Montgomery, Alabama, are dedicated to helping railroad workers secure the justice and financial support they deserve. We understand the complexities of FELA claims and are here to guide you through every step of the process.
What Is the Federal Employers Liability Act (FELA)?
The Federal Employers Liability Act (FELA) was enacted in 1908 to protect railroad workers who suffer injuries while on the job. Unlike traditional workers' compensation, FELA allows injured employees to sue their employers for negligence. This means that if a railroad company fails to ensure a safe working environment, and you are injured as a result, you have the right to take legal action against them.
Who Can File a FELA Claim?
FELA claims can be filed by any railroad employee who sustains an injury while performing job-related duties. This includes a broad spectrum of railroad workers, such as:
Train Crew Members:
Engineers: These workers operate locomotives and are responsible for ensuring safe train operation. If an engineer is injured due to faulty equipment or unsafe track conditions, they can file a railroad injury claim under FELA.
Conductors: Responsible for overseeing the train's operation and passenger safety, conductors may sustain injuries from accidents or falls caused by unsafe working environments.
Maintenance Workers:
Track Maintenance Workers: These employees inspect and repair tracks. If a worker is injured due to inadequate safety measures or defective tools while performing maintenance, they have the right to seek compensation.
Signal Maintenance Workers: Those who maintain signaling equipment and communication systems may suffer injuries due to improper training or unsafe working conditions.
Yard Workers:
Switching Crew Members: These workers handle the switching of trains in rail yards. Injuries from moving trains or equipment failures can lead to valid FELA claims.
Groundsmen: Responsible for loading and unloading freight, groundsmen may face injuries from falls, collisions, or other hazards in the yard.
Support Staff:
Administrative Personnel: Employees working in safety, compliance, or operations management may file claims if they suffer injuries while visiting work sites or during training sessions due to unsafe conditions.
Maintenance of Way Employees: Those who work on the upkeep of railway infrastructure, such as bridges and tunnels, can file claims if they are injured due to negligence in maintaining a safe work environment.
Common Types of Railroad Worker Injuries in Montgomery, AL
Railroad workers are exposed to unique hazards on the job, leading to a variety of injuries. Some common types of railroad worker injuries include:
Traumatic Injuries: Falls from trains, platforms, or equipment can result in severe injuries or amputations.
Crush Injuries: Severe injuries that occur when a worker is caught between objects or machinery.
Repetitive Stress Injuries: Musculoskeletal disorders like carpal tunnel syndrome and back injuries from repetitive tasks.
Slip and Fall Injuries: Injuries from slips on wet or icy surfaces in poorly maintained areas.
Vehicle-Related Injuries: Injuries from collisions involving trains or vehicles, particularly in busy rail yards; injuries from train derailments.
Electrical Injuries: Electrocution or electrical burns from working with electrical systems without proper safety measures.
Exposure to Hazardous Materials: Chemical burns or respiratory issues from contact with hazardous substances.
Noise-Induced Hearing Loss: Hearing loss due to prolonged exposure to loud machinery and train engines.
Psychological Injuries: Post-traumatic stress disorder (PTSD) from involvement in serious accidents.
Wrongful Death: Fatalities resulting from workplace accidents or negligence, leading to legal claims by surviving family members.
How FELA Differs from Workers’ Compensation
While both FELA and workers’ compensation provide avenues for injured employees to seek compensation, there are significant differences between the two systems:
Under FELA, injured workers must prove that their employer was negligent, whereas workers’ compensation claims do not require proof of negligence.
FELA allows for compensation for pain and suffering, lost wages, and medical expenses, whereas workers’ compensation generally covers only medical bills and a portion of lost wages.
The statute of limitations for filing a FELA claim is typically three years from the date of the injury, while workers’ compensation laws vary by state.
Proving Negligence in a FELA Case
To successfully file a claim under the Federal Employers Liability Act (FELA), an injured railroad worker must prove that their employer was negligent in some way that contributed to their injury. Here are the key elements involved in establishing negligence in a FELA case:
The first step is to demonstrate that the railroad employer had a legal obligation to provide a safe working environment for their employees. This includes maintaining equipment, ensuring safe working conditions, and providing proper training.
The worker must show that the employer breached this duty of care. This could involve a failure to address unsafe conditions, inadequate training programs, or neglect to repair defective equipment. Evidence of previous complaints or safety violations can support this claim.
It must be established that the employer's negligence directly caused the injury. This involves demonstrating a clear link between the breach of duty and the incident that led to the injury. Medical records, accident reports, and witness testimonies can help establish this connection.
The injured railroad worker must provide evidence of the injuries sustained as a result of the incident. This includes medical documentation, treatment records, and any impact on the worker’s ability to perform their job or daily activities.
In some cases, the employer may argue that the injured worker contributed to their own injury. FELA allows for comparative negligence, meaning that even if the worker shares some responsibility, they may still recover damages as long as the employer is found to be at least partially at fault.
What Compensation Can You Receive Under FELA?
Compensation awarded under FELA can cover a wide range of damages. Your FELA accident attorney will work hard to include every expense and seek the maximum amount of compensation you need to take care of your expenses. Injured railroad workers can receive compensation for many financial hardships including:
Medical Expenses: Compensation for all medical costs related to the injury, including hospital bills, surgeries, rehabilitation, and ongoing treatment.
Lost Wages: Coverage for wages lost during recovery, including both past and future earnings if the injury affects the worker’s ability to return to their job.
Pain and Suffering: Damages awarded for physical pain and emotional distress resulting from the injury. This can include compensation for chronic pain, psychological impact, and loss of enjoyment of life.
Permanent Disability Compensation: If the injury results in a permanent disability that affects the worker’s ability to earn a living, they may receive compensation for diminished earning capacity and any future loss of income.
Loss of Consortium: Compensation that family members may seek for the loss of companionship and support due to the injured worker’s condition.
Vocational Rehabilitation Costs: If the injury prevents the worker from returning to their previous job, they may be entitled to assistance with retraining or finding new employment.
Travel Expenses: Reimbursement for travel costs incurred while seeking medical treatment related to the injury.
Survivor Benefits: In the case of a fatal workplace accident, surviving family members may be entitled to compensation for loss of income, funeral expenses, and emotional suffering due to the loss of their loved one.
Each FELA case is unique, and the amount of compensation awarded will depend on the specific circumstances of the injury, the extent of damages, and the strength of the evidence presented. It’s essential for injured railroad workers and their families to work with experienced legal professionals to maximize their compensation and navigate the complexities of the claims process.
Why You Need a FELA Lawyer for Your Railroad Accident
Navigating the legal complexities of a railroad injury claim can be daunting. Having an experienced FELA lawyer on your side is essential for several reasons:
A FELA lawyer understands the specific legal framework governing railroad worker injuries. They can guide you through the nuances of the law, ensuring that your rights are protected and that you meet all necessary legal requirements for filing a claim.
To succeed under FELA, you must demonstrate that your employer’s negligence contributed to your injury. A knowledgeable lawyer in Montgomery can help gather the necessary evidence, including accident reports, medical records, and witness testimonies, to build a strong case on your behalf.
FELA allows for compensation beyond what is typically available under standard workers’ compensation. An experienced FELA attorney can assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other potential compensation, ensuring you receive the maximum amount possible.
The legal process can be overwhelming, especially when dealing with insurance companies and potentially adversarial employers. A railroad injury lawyer will handle all legal procedures, allowing you to focus on your recovery while they negotiate and advocate for your interests.
If your case goes to trial, having a skilled Montgomery FELA lawyer by your side is essential. They will represent you in court, presenting your case effectively and countering any defenses raised by the employer.
Our 3-Step Process
Connect With Us:
Call our office at (877) 715-9300 or use our online form to arrange a no-cost, no-obligation consultation with our Montgomery legal team.
We Assess Your Case
In our initial review, our experienced Montgomery team will analyze the details of your case and map out potential strategies. If you've experienced an injury due to negligence, we’ll assign one of our expert personal injury attorneys to handle your case.
We Defend Your Rights
As one of the Southeast’s top personal injury firms, Wettermark Keith is fully committed to advocating for your rightful compensation and recovery. If an injury has disrupted your life, let our dedicated Montgomery attorneys seek justice on your behalf.
Frequently Asked Questions
Yes, in Montgomery, Alabama, you generally have two years from the date of the accident to file a lawsuit for an 18-wheeler accident. It’s important to act promptly, as missing this deadline can result in losing your right to seek compensation.
Common causes of 18-wheeler accidents in Montgomery include driver fatigue, distracted driving, speeding, poor weather conditions, and mechanical failures. Additionally, improper loading and inexperience among truck drivers can also contribute to these serious accidents.
To prove negligence, you’ll need to show that the truck driver or trucking company failed to uphold their duty of care, resulting in your injuries. Evidence such as accident reports, eyewitness accounts, and expert testimony can help support your claim.
No, under Alabama's strict contributory negligence laws, if you are found to be even 1% at fault for the accident, you may be completely barred from recovering any compensation. This means that proving the other party's negligence is critical to your case. It's essential to consult with an experienced attorney who can help evaluate your situation and work to build a strong case in your favor, ensuring that your rights are protected throughout the process.
18 wheeler accidents tend to be more dangerous due to the significant weight and size of the trucks, which can cause more severe damage and injuries upon impact compared to standard vehicle collisions. An average 18-wheeler can weigh up to 80,000 pounds when fully loaded, significantly increasing the force of impact in a collision compared to a standard car, which typically weighs around 3,000 pounds. This weight difference often leads to more severe injuries and damages for those involved. Additionally, 18-wheelers have larger blind spots, longer stopping distances, and can be more difficult to maneuver, especially in emergency situations. The combination of these factors makes accidents involving 18-wheelers particularly catastrophic.
No Recovery, No Fee Guarantee
Our personal injury law firm in Montgomery operates on a contingency fee basis, which means you don’t have to worry about upfront costs when hiring a lawyer. We understand that the aftermath of an accident can be financially overwhelming, so our team only collects fees if we successfully secure compensation for you.
This approach allows you to focus on your recovery while having access to experienced legal representation without the burden of immediate legal expenses. Your needs come first, and we are committed to fighting for your rights every step of the way.
How Wettermark Keith Can Help with Your FELA Case
Over twenty years ago, Wettermark Keith started out as a railroad injury law firm, dedicated to advocating for the rights of railroad workers and ensuring they receive the compensation they deserve for injuries sustained on the job. Our success in handling railroad injury cases not only built a strong reputation but also laid the foundation for the firm’s growth. As our expertise expanded, we began managing a wider range of personal injury cases, allowing us to help even more clients seeking justice.
Today, Wettermark Keith stands as a comprehensive personal injury law firm, committed to providing exceptional legal representation across various areas of personal injury law, all while maintaining our unwavering dedication to the needs of our clients. We believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
Wettermark Keith was extremely professional and helpful. This personal injury law firm helped my husband over 10 years ago when he fell and broke his foot on vacation. I called them first because I liked their TV commercials. They are very nice people and I would call them again if I needed a lawyer.
- Juanita
Law firm Wettermark Keith has exceeded my expectations! I recommend these lawyers to anyone and everyone I come across. Their commitment to their clients is outstanding. Communication is easy. And I got my settlement very fast. I definitely recommend working with Lee Hawker. He is very gracious and kind. He looked out for me and my family and went above and beyond for us. I’m very grateful!
- Alexa
My personal embattlement with the Social Security Administration went downhill. From a personal recommendation, I reached out to Wettermark Keith law firm. Brian Smith and his team took my case and throughout the whole process, I felt more than just another number. Frequent updates were provided, and emphasis was placed on ensuring all needed documentation was in place. In the end, the accident case resulted in a favorable victory. A big thank you to my lawyer Brian Smith and the team at Wettermark Keith for the hard work throughout the entire personal injury process.
- Dallas
I had the pleasure of working with Mr. Mark English at Wettermark Keith law firm after my car accident in December 2021. He was very thorough in everything, did a wonderful job of explaining everything that was happening, and was super easy to get in touch with when I needed him. I never had a question that was left unanswered by this lawyer. He's very kind and patient, and he made the personal injury claims process so easy for me. I absolutely recommend him, it was a pleasure working with him!
- Rose
I am so elated that I utilized Mr. Muhammad Abdullah’s services. In the beginning, he told me the compensation that I would receive for my personal injury claim and I actually received more than that! After my car wreck (in my brand-new vehicle), I was actually surprised that I was in the pain that I was in. Mr. Abdullah made sure I saw the necessary people for therapy and worked hard to get me back into my car after the accident. I felt that he was diligent, listened to my concerns, and quickly got me back in my car and compensated! I will be utilizing Mr. Abdullah again and again, anytime I ever have to hire a lawyer.
- Madinah
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