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fela injury claims Archives

What are some common railroad injuries?

Working on California railroads is a dangerous job. There are many ways you could be injured and many types of injuries. That is why safety is so important. Understanding all the safety regulations will help, but it also is beneficial to be aware of what dangers are lurking. 

Diesel fume risks for railroad workers

There are many dangers on the job for railroad workers in California. However, some are easier to see than others. One such danger that has not really been given the attention it requires is diesel fume exposure. According to the American Cancer Society, exposure to diesel exhaust fumes may cause lung cancer. For a railroad worker, this is a serious concern because of long-term, excessive exposure to exhaust fumes. In fact, railroad workers are among some of the most exposed workers.

SCOTUS Limits Where FELA Plaintiffs Can Sue

Earlier in the year, two separate plaintiffs sued BNSF Railroad Co. in Montana for injuries that took place outside of the state. Neither of the plaintiffs lived in Montana, and BNSF is based in Texas. The Montana Supreme Court had ruled that the lawsuit was allowable in the state regardless, citing both the Federal Employers Liability Act (FELA) and state law in Montana. But the U.S. Supreme Court disagreed, voting 8-1 to reverse the lower court's ruling.

What are your rights under FELA?

If you are a railroad worker in California, you have rights under the Federal Employers' Liability Act. FELA, according to the Brotherhood of Railroad Signalmen, was designed to reduce the number of accidents involving railroad workers. It was enacted when it was apparent the railroad was not doing enough to protect its workers and the federal government decided to step in.

How do I submit FELA injury claims?

If you suffer an injury at work in California that is covered under the Federal Employers' Liability Act, you must file a claim using the proper forms and within the time limit to qualify for coverage. It is up to you to understand your rights and know what to do to file a claim. The Department of Labor states you must use Form CA-1 or CA-2 to file your initial FELA claim.

Caught red-handed: Railroad companies destroy evidence

For obvious reasons, a train crash may seem like a difficult event to cover up. Nevertheless, railroad companies have been caught red-handed multiple times trying to destroy or hide evidence related to train crashes and employee injuries, in order to defeat claims filed against them. It's a sad reality but one that those who work in the railroad industry (or anyone unfortunate enough to suffer an injury resulting from a train crash) must be prepared to face.

Railroad workers: Is your employer doing everything it should to keep you safe?

Many jobs in the railroad industry come with a certain degree of danger. That is why a number of regulations exist aimed at holding railroad companies to a high standard of safety. Unfortunately, those companies often fall short.

What is the Federal Employers’ Liability Act?

If you work for a railroad company in California, then you have probably heard of the Federal Employers' Liability Act. As defined by the Brotherhood of Railroad Signalmen, the FELA provides you with protection if you are injured because of negligence on the part of your employer. To get benefits, though, you must prove in court that your employer was at fault and their actions or lack of action led to your accident.

Welcome to our FELA and Personal Injury Blog

Hello, and thank you for taking the time to visit the Hildebrand McLeod Nelson blog page. For more than 90 years, attorneys at our firm have been helping injured railroad workers and their families file for injury compensation under the Federal Employers' Liability Act (FELA). But we are more than just a FELA law firm. We also represent people injured in any kind of accident caused by another party's negligence, including injuries from motor vehicle accidents, property owner negligence and defective and dangerous products. The goal of this blog is to educate and inform. We will keep the page updated with relevant stories about FELA, workers compensation and personal injury litigation, from a local and national perspective. 

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