Experienced Personal Injury Lawyer Protect the Rights of Railroad Employees under FELA
Railroad workers perform important tasks and serve a valuable role in society assisting others who travel for work and recreation get to their destinations safely. The nature of railroad work, however, can be dangerous. Employees are exposed to significant health risks, including traumatic injuries and occupational illnesses.
The Federal Employers Liability Act (FELA) assures that railroad workers injured on the job should not be on the hook for the costs of their medical treatment or related expenses. The complexity of FELA claims demands that you have a qualified railroad accident attorney on your side throughout the legal process.
Andrew Calcagno is an aggressive trial attorney who will fight tirelessly for you and your family. He will take your case to trial, if necessary, and get you the compensation you deserve. Mr. Calcagno has successfully represented personal injury victims throughout New Jersey, including Union County and Middlesex County. He understands these special types of train accident claims under FELA and can guide you through the process.
FELA Eligibility for Railroad Employees in New Jersey
FELA, passed in 1908 by the US Congress, is meant to ensure the safety of railroad employees and provide a means for injured railroad workers to seek compensation. Although railroad workers are a lot safer today than they were more than 100 years ago when FELA was passed, this does not mean railroad employees are immune from serious job-related injuries. A train accident, or any other work-related accident suffered by a railroad employee, could lead to severe injuries, including broken bones, muscle strains, sprained ligaments, cuts or lacerations, burn injuries, neck damage, back injuries, spinal cord trauma, traumatic brain injuries, paralysis or even death. Beyond that, railroad employees could be subject to working conditions that expose them to toxic injuries and occupational illnesses.
Injured railroad workers can potentially seek compensation for their injuries by filing a personal injury claim under the Federal Employers Liability Act. FELA coverage applies to any railroad employee, regardless of whether the employee was injured while working on, or near, a train. If you work for NJ Transit, Port Authority of New York & New Jersey (PATH), Metro North Railroad, Long Island Railroad (LIRR), CSX Transportation, Amtrak or any other railway service in the Tri-State Area, you should be protected under FELA.
Securing Compensation under FELA in Union and Middlesex Counties, NJ
If you are a railroad worker who was injured as a result of employer negligence, you can potentially seek financial compensation for surgical procedures, hospital visits, any future medical treatment, lost wages as a result of time missed from work, pain and suffering, and mental anguish. In the event that you lost a loved one who worked for the transit company, you may be able to file a wrongful death claim.
Once you have sought and received proper medical treatment for your injuries, you need to notify your employer and file an accident report. The railroad company will then investigate your claim and possibly have a railroad lawyer attempt to negotiate a settlement. Do not speak to the train company’s lawyer or representatives before speaking with Andrew Calcagno.
Mr. Calcagno will protect your rights from the start. He will attempt to negotiate with your employer for a favorable settlement for you. However, he is not afraid to take your case to court after filing a FELA lawsuit. If your employer is fighting your claim, Mr. Calcagno is your best chance at securing maximum compensation for your injuries.
Differences between FELA and Workers’ Compensation
Although injured workers in NJ are typically entitled to damages through Workers’ Compensation, FELA provides injured railroad employees with a different means for seeking financial compensation for work-related injuries.
Disadvantages of FELA:
Under the NJ Workers’ Compensation system, an injured worker can file a claim for benefits regardless of who was at fault for the accident. FELA operates differently, requiring injured railroad employees to prove employer negligence in order to secure financial compensation for train accident injuries.
Advantages of FELA:
FELA does provide injured railroad workers with an advantage over Workers’ Comp because benefits are not capped in the same way. Instead, an injured railroad worker filing a claim under FELA can seek maximum benefits and secure a jury award.
Another advantage FELA claimants have over workers filing through the NJ Workers’ Comp system is that FELA allows injured employees to see a doctor of their choosing. By contrast, Workers’ Compensation requires injured workers to seek treatment from a doctor chosen by the employer or the employer’s insurance company.
Filing Deadlines for FELA Claims
It is important that you take immediate action in order to preserve your right to file a claim for damages. Contact Andrew Calcagno right away to get FELA process started. The statute of limitations for a FELA claim is three years. If you fail to file the necessary paperwork and do not pursue a FELA railroad injury claim within three years of the date of your train accident, you may be barred forever from seeking financial compensation for your injuries.
Call an Aggressive FELA Railroad Accident Attorney in Woodbridge, Rahway and Westfield, NJ
If you are a railroad employee who has sustained job-related injuries, you need an aggressive attorney who will fight on your behalf and do what is needed to hold the negligent person, company or government entity, responsible for your train accident injuries. Andrew Calcagno is a dedicated personal injury attorney with a passion for doing battle in courtrooms across NJ, including Union, Middlesex, Essex, Hudson, Monmouth, Morris and Somerset counties. He will provide you with the personalized service you deserve and make sure you understand all of your legal options. Call Mr. Calcagno today to discuss your case or schedule a free consultation at his office in Cranford, New Jersey.