PRACTICE AREAS

Railroad Accidents
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New York Railroad Worker Injuries

If you're a railroad worker and you have been injured, you may be entitled to damages under Federal Employers' Liability Act (FELA).


For over 100 years FELA has protected railroad workers injured or killed while in the service of the Railroad.  It enables a railroad worker to sue his/her employer for injuries that are the result of the employer’s or a coworker’s negligence.

FELA also sets the health and safety standards that railroads, rail yards, and other rail-related businesses and workplaces must meet. It requires all common carriers by rail and any employer involved in the management and operation of the business of a railroad to provide workers with reasonably safe work environments. Over the last several years, the Supreme Court of the United States has reaffirmed the strength of FELA recognizing that railroads are responsible for injuries if the railroad’s negligence played any part, no matter how slight, in causing a worker’s injury.

FELA is a highly specialized area of the law and you need a lawyer who has the experience fighting to recover for FELA injuries.  O’Dwyer & Bernstien is that law firm.

RAILROAD EMPLOYER DUTIES

Under FELA, railroad employers have a duty to:

  • Provide a reasonably safe work environment with adequate equipment, appropriate tools, and safety devices
  • Inspect the work environment to ensure it is hazard free
  • Provide adequate training and supervision to employees
  • Enforce safety rules and regulations specified in FELA
  • Ensure workers have reasonable work quotas

If you or a loved one are a railroad worker and were injured because of any negligence, contact our FELA lawyers today about moving forward with a FELA claim. Under this type of claim, you must prove only that your employer was slightly negligent and this negligence played some role, even small, in causing your injuries. There are many ways that your employer could have been negligent in failing to provide a safe work environment or engaging in unsafe work practices.

DAMAGES AND COMPENSATION

Under FELA, you are eligible to recover money damages for past and future medical costs, wage loss, physical pain, mental anguish and loss of enjoyment of life.

YOU MUST ACT QUICKLY

Be aware that FELA cases have a three (3) year Statute of Limitations which requires you to bring your case to court within three (3) years of an injury that is sustained at work.  If you fail to do so, your claim could be barred forever.

If you are a railroad worker and were injured, you should immediately consult with the experienced O'Dwyer & Bernstien FELA attorneys to protect your rights.

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