Railroad Accident and Injury Claims
Workers’ Compensation for Employees
Personal Injury Claims for Accident Victims
Located in Nitro, West Virginia, the Peyton Law Firm has significant experience representing railroad employees in injury claims against railroad companies.
Contact us to schedule a free initial consultation regarding a FELA claim.
Injury Claims by Railroad Workers
Railroad workers do not have access to typical workers’ compensation (sometimes called workman’s compensation) insurance. If a railroad worker is hurt on the job, he or she must file a lawsuit under the Federal Employer Liability Act (FELA). FELA claims are different from workers’ compensation claims in other industries in several important ways:
- Workers’ compensation covers a worker who is hurt on the job, whether or not the employer caused the injury in any way. In contrast, under FELA, injured railroad workers have to prove that the injury was caused by some form of carelessness on the part of the railroad.
- The process of getting reimbursement for medical bills and lost wages via the workers’ compensation system does not require filing a formal lawsuit. Under the workers’ compensation system, the worker files a claim with the insurance company. If the claim is denied, the worker can appeal to the state workers’ compensation board. Railroad workers don’t have the option of filing a claim with the railroad’s insurance company. To get financial compensation after a workplace injury or accident, railroad workers must file a formal lawsuit under FELA.
- Under FELA, a railroad worker injured in an accident or other incident may demand compensation for pain and suffering in addition to straight financial compensation for medical care and loss of income. The workers’ compensation system prohibits claims for pain and suffering.
At the Peyton Law Firm, we have more than 30 years’ experience representing railroad workers in FELA lawsuits. Our attorneys represent railroad workers with all types of injuries and medical conditions, including:
- Repetitive stress injuries like carpal tunnel syndromes and worn out joints in shoulders and knees
- Back injuries
- Serious trauma injuries caused in accidents at railroad equipment yards
- Lung disease caused by exposure to fumes and dust
- Hearing loss caused by the railroad company’s failure to provide adequate hearing protection
Our clients have included engineers, trackmen, welders, equipment operators, operating engineers, conductors and section hands.
Other Types of Railroad Accidents
The Peyton Law Firm also represents passengers and other individuals injured in railroad accidents, including collisions at railroad crossings and derailments. We file personal injury lawsuits for injury victims, and we handle wrongful death claims for family members after fatal accidents.
Experienced Legal Help With Your FELA Claim
At the Peyton Law Firm, we treat our clients with respect and honesty. We give clear legal advice, and we help our clients with all legal problems that arise out of the accident or other incident that caused their injury.