Trusted Attorneys For Injuries To Nebraska Railroad Workers

If you’ve been injured as a railroad worker, you have a right to seek compensation. A serious workplace injury can result in injuries that can make you unable to continue your job, impacting your livelihood. It’s natural to be upset and confused during this difficult time. At Walz Law Offices, our Omaha train accident attorneys are here to reassure and guide you through the necessary steps so you can receive the compensation you deserve to help you recover.

Types Of Railroad Injuries

There are many types of people who work in the Omaha railroad industry, including locomotive engineers, conductors, switch operators, railyard engineers and much more. Workers in this field may be at risk of serious accidents and injuries, including:

• Traumatic brain injuries: Train derailment or collisions may result in serious head trauma such as a traumatic brain injury. This may also occur for workers if they’re struck in the head by falling tools, cargo or other equipment.
• Crush injuries: This can occur when workers are stuck between heavy equipment or during a train derailment or collision
• Electrocution: Workers who are involved with railroad and rail car maintenance may be at risk of electrocution due to touching live wires or improperly maintained equipment and machinery. Electrocution can lead to serious burns or even cardiac arrest.
• Exposure to hazardous materials: Benzene from a train’s diesel fumes or the solvents used for train parts can lead to leukemia. Skin irritation, burns and respiratory problems are also common injuries due to exposure to toxic substances.
• Repetitive strain injuries: Railroad workers often perform repetitive motions every day, such as lifting and loading heavy cargo or rail equipment. This may lead to serious back injuries and other repetitive strain injuries that can impact daily movement.
• Hearing loss: Trains, railways and railyards are incredibly loud. The constant noise levels over time can lead to hearing loss or even deafness.

These injuries can impact your work and daily life in ways you never expected. Many railroad injuries have long-term consequences that may require significant medical attention or physical therapy. By seeking compensation, you can cover the costs of medical bills, your pain and suffering, and any other damages associated with your injury. Our experienced railroad injury attorneys can help.

Understanding The Federal Employers’ Liability Act (FELA)

While most workers throughout Omaha are able to seek workers’ compensation after an injury through their employer, railroad workers have other protections. The Federal Employers’ Liability Act (FELA) was established in 1908 and provides railroad industry workers the ability to recover compensation if injured due to negligence by the railroad company. However, FELA only covers workers employed by interstate rail companies, which means certain railyard workers and commuter rail employees may not be eligible for compensation. For workers exempt from FELA, pursuing a traditional workers’ compensation claim may be possible with the assistance of a skilled attorney.

To pursue a claim through FELA, workers must prove that their workplace was unsafe or negligent and that negligence was at least partially responsible for their injury. This is different from regular workers’ compensation claims, where you are not required to prove your employer’s negligence.

This is why it’s crucial to consult with a railroad injury attorney who is familiar with FELA laws and filing FELA claims. We have the knowledge and skill necessary to help you gather the appropriate evidence to prove your employer was at fault for your accident and injury. We will fight to protect your rights and present a solid case that will get you the compensation you deserve.

The FELA Claims Process

If you’ve been injured as a railroad worker, it’s important to know how to file a claim with FELA. This is what you can expect from the process:

• Report your injury: As with any work-related injury, you must immediately report your injury to your employer.
• Seek medical attention: Visit a doctor as soon as possible to get the medical treatment you need for your injuries.
• Consult an attorney: You don’t have to go through the aftermath of a work injury alone. Reach out to a FELA attorney who can help you navigate the next steps, including collecting evidence and filing your claim.
• Gather evidence: As soon as you’re able, collect any necessary evidence and documentation that can help your case and prove your employer’s negligence. This can include the incident report, medical records, video or photographic evidence of what occurred, photos of your injury, witness statements and documentation that proves unsafe conditions.
• File your claim: Your attorney can guide you through preparing the necessary claim documentation. They can also file the claim with the appropriate parties such as the railroad company.
• Negotiate settlements: Your lawyer will conduct negotiations with the other party’s legal team to seek compensation that covers the full scope of your injury.
• Go to trial if necessary: If your lawyer is unable to reach a satisfactory settlement, then your case will go to trial. Your attorney will aggressively represent your case in court to achieve a favorable outcome.

The FELA claims process can be long and overwhelming. When you work with Walz Law Offices, we take the lead in navigating this situation with the care and compassion you deserve after such a terrible injury. We want you to focus on healing while we focus on protecting your rights and fighting for the compensation you deserve.

Schedule A Free Consultation With Our Omaha Lawyers Today

If you or a loved one has been injured as a railroad worker, our FELA attorneys can help. We have represented many workers throughout Omaha with their complex FELA cases. Call us today at 402-998-5044 or send an email online at your convenience to discuss your case.