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Tomball FELA Railroad Injury Attorneys | Harris County FELA Railroad Injury Lawsuit
At the dawn of the 20th century, railroad workers were experiencing an alarming rate of personal injury and death. Due to public outcry, Congress passed the Federal Employers’ Liability Act (FELA), in 1908 to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. FELA is a federal statute that now protects railroad workers not only in Tomball, Texas, but also in railroad injury accidents across the nation.
As a general matter, FELA provides compensation to railroad workers injured on the job. Unlike general worker’s compensation claims, which are generally “no fault,” FELA establishes a fault-based system in which the injured worker must show that the employer was negligent. Thus, the injured worker must generally prove that the railroad failed to provide a safe workplace. However, there are special areas in FELA that act like strict liability – for example, where a defective object or condition at the workplace injures someone on the job. Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Tomball railroad injury attorneys and Harris County railroad injury attorneys represent a variety of different railroad workers in Tomball, Texas railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.
What types of railroad injury victims can a Tomball Railroad Injury Attorney help?
All types of railway workers come under FELA’s compensation scheme, including:
- Engineers
- Maintenance of way workers
- Brakemen
- Firemen
- Switchmen
- Welders
- Maintenance workers
- Mechanics
- Conductors
- Signalmen
- Yardmasters
- Other railroad workers
Tomball railroad injuries occur every day, and if you or a loved one has been injured or killed while working for a railroad in any of these capacities, don’t hesitate to contact a Tomball FELA attorney regarding your claim for legal compensation and damages.
Tomball FELA attorneys and other Harris County FELA attorneys can help you pursue a claim for railroad workers’ compensation if you have been injured in any of these ways. Tomball FELA lawyers can assist injured employees of any Tomball area railway and, notably, can assist injured workers in a lawsuit stemming from a Tomball Union Pacific Railroad injury or Harris County Burlington Northern & Santa Fe (BNSF) railroad injury.
What must a Tomball railroad worker prove to maintain a successful FELA action?
An injury victim, whether in Tomball, TX, Harris County, or anywhere else in the country, must meet three basic requirements to recover damages under FELA’s compensation scheme. The Tomball FELA attorney must show:
- The accident happened in the course and scope of employment for the railroad.
- The railroad must be engaged in "interstate commerce"; and
- The railroad company must have caused or contributed to the injuries sustained. The injured employee must prove negligence. "Negligence" can be from a co-worker and/or from a faulty piece of equipment.
Call a Tomball FELA lawyer today for help pursuing your claim.
Keep in mind that recovery under FELA is granted instead of recovery under Texas state workers’ compensation statutes, and no double recovery is permitted. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than according to a pre-determined benefits schedule, such as that used in ordinary workers’ compensation cases. For more information on personal injury damages generally, visit our Damages page. A Tomball FELA attorney will be able to explain what types of compensation you may be entitled to and get you the maximum recovery possible.
How long do you have to file a claim under FELA? What is the applicable Statute of Limitations for Texas railroad injuries?
FELA places a time limitation on the filling of claims that dates three (3) years from the date of the accident/injury. The time period as to when the statute of limitations begin to run is a question in cumulative injury claims so it is always best to immediately seek a lawyer when you first think your aches and pains are work related.
Are Tomball and Harris County, Texas, railroad workers eligible for any other type of compensation?
One way you might be entitled to additional compensation is through the United States Railroad Retirement Board (RRB), which is a co-equal agency to the Social Security Administration (SSA), and is headquartered in Chicago, Illinois at 844 N. Rush Street, Chicago, Illinois 60611. For more information regarding railroad disability benefits through the RRB, consult the U.S Railroad Retirement Board’s website.
Railroad Union Attorneys and Designated Legal counsel "DLC"
There is an active set of unions in the rail industry. Just some of the unions are:
| The Brotherhood of Locomotive Engineers or BLE | ||
| The Brotherhood of Maintenance of Way Employees or BMWE | ||
| The Brotherhood of Railroad Signalman or BRS |
The unions have a process of selecting lawyers to be what is called "DLC". If you are hurt, you do not have to employ a DLC union counsel. You should select an attorney that you believe will work hard for you and your family. Sometimes, union members will try to persuade you to employ only DLC. If you like the DLC, then employ them. But if you like a non DLC Tomball. Texas railroad injury attorney, employ them. Just get someone that is a competent and hard working FELA attorney on your side. Recently, the BLE announced that is was no longer going to use the DLC process.
In Texas, the Union Pacific Railroad is extremely active and maintains its Texas headquarters in downtown Houston. Additionally, the Burlington Northern and Santa Fe Railway (BNSF) is another national railway that is headquartered in Ft. Worth, Texas. Contact information for these and other railroads’ Texas headquarters are as follows:
|
Union Pacific Railroad
BNSF Railway |
Houston Amtrak 902 Washington Avenue Houston, Texas 77002 (713) 224-1577 Port Terminal Railroad Association 8934 Manchester Street Houston, Texas (713) 393-6500 |
Tomball railroad accident attorneys serve Tomball and surrounding cities
Serving clients throughout Southeastern Texas, including Aldine, Atascocita, Bellaire, Conroe, Houston, Humble, Jacinto City, Katy, Magnolia, Mission Bend, Northwest Harris, Oak Ridge North, Pecan Grove, Pinehurst, Shenandoah, Spring, Stagecoach, Sugar Land, West University Place, The Woodlands and other communities in Harris County.