Missouri Train Accident Lawyers
The Federal Employers Liability Act vs. Missouri Workers’ Compensation
Missouri lawyers file train accident lawsuits pursuant to the Federal Employers Liability Act (FELA). FELA was passed in the early 1900’s as a result of the numerous deaths related to railroad accidents. Pursuant to FELA, railroad workers who do not have workers’ compensation benefits, can sue the railroad company for injuries received in a railroad accident.
FELA allows an injured worker to recover money for things such as his/her injuries, pain and suffering. A Missouri railroad crash attorney handling FELA cases will file the case in a civil court and the case will be tried to a jury. The jury will then decide the amount of damage the injured railroad worker suffered as a result of the accident or trauma.
FELA is different than Workers’ Compensation because under FELA there is not a pre-determined benefits schedule. A railroad accident lawyer in St Louis will be able to explain your rights pursuant to FELA.
Missouri Train Accident Attorney
The Federal Railroad Administration reports there are approximately 3,000 train accidents in the United States every year. Common injuries in these accidents include brain injuries, spine injuries, quadriplegia, paraplegia, and death. Approximately 1000 train accidents per year are fatal. The National Transportation Safety Board (NTSB) reports about 60% of all railroad crossing accidents that result in deaths occur at unprotected railroad crossings.
The NTSB further reports approximately 80% of all public railroad crossings do not have lights or safety gates. A Missouri injury attorney will be able to investigate the specific details and facts of your case to determine the cause of the train accident. It is further reported the most common types of railroad accidents include collisions with other trains, derailments, collisions with passenger vehicles, improperly maintained railroad tracks, mechanical failure, driver inexperience and fatigue.
There is a train accident or derailment approximately every 90 minutes in the United States and a train carrying hazardous material runs off the train tracks every 2 weeks in the United States. The railroad industry is under extremely close scrutiny of the Federal Government due to its self-regulated style. Much of the technology used by the railroads is old and outdated. Railroads are essentially self-regulated and do come under the close scrutiny of the Federal government. You are always welcome to ask any questions you may have regarding railroad accident cases at www.pagelaw.com.
Employees Injured In A Missouri Railroad Accident
If you are employed by a railroad and you are injured due to an accident at work, you may be entitled to damages including past and future medical care; past and future wage loss; disability and disfigurement; and pain and suffering. As experienced Missouri personal injury lawyers, we will work closely with you to help identify the precise amount of damages you are entitled to. During our initial consultation we will be able to let you know what needs to be done in order to maximize the recovery in your case.
Personal injury lawyers understand the losses suffered are significant and unique to each victim and their family. It is common for the railroad companies to try and minimize the recovery of the inured railroad worker. This is the main reason it is imperative for you to contact a Missouri injury lawyer immediately so your rights and interests can be protected.
Missouri Railroad Accident Lawyer
If you have been injured in a Missouri railroad accident or lost a loved one as a result of a train accident, I am sure you have numerous unanswered questions. As a Missouri personal injury lawyer, I will be happy to discuss your FELA case with you and answer any questions you may have. If requested, I will immediately alert a team of experts that will begin conducting an investigation of the train accident.
The call and consultation are free. I can be reached 24 hours a day at (314) 322-8515. Call me personally and I will answer any questions or concerns you may have regarding the train accident, the possible FELA claim, and Missouri law. There is no fee unless you recover for the personal injuries you sustained in the train accident.
If you do not want to call or you can’t call, you can email email@example.com. The attorneys at Page Law look forward to speaking with you and helping you through these trying times.
Unlike Workers’ Compensation benefits, FELA does not award benefits automatically after a train accident. A Missouri attorney will be able to assist you in bringing your FELA claim in the proper Missouri court. It is a requirement of the Act, that the injured railroad employee prove the railroad was negligent in causing the injury to the railroad worker.
After an injured railroad worker proves the company was negligent, he/she is entitled to full compensation. A claim pursuant to FELA is typically far greater than a Workers’ Compensation claim. There have been numerous attempts to change the Federal Employers Liability Act over the years. The attempts have been unsuccessful. Congress has refused to change the Act.