Missouri Railroad Accident Attorneys

During the golden age of the railroads, from the 1880s to the 1920s, the network of railroad tracks and train services in the United States expanded to six times its former size. Unfortunately, with that expansion came a sharp increase in the number of railway employees who suffered serious or fatal injuries on the job. At that time, the workers' compensation system we use today didn't exist in many places and could not protect railway employees.

In response, Congress passed the Federal Employers Liability Act, a federal law that applies specifically to railroad workers whose employers are involved in interstate commerce. That is, the railroad must carry interstate freight or have rails that cross state lines.

FELA is not just a special type of workers' compensation. Workers compensation is a no-fault, state-based system that allows an injured worker to collect reduced wages and pay medical bills relatively soon after an accident, without having to prove that someone else was at fault. By contrast, FELA claims are federal lawsuits that require the worker to prove that the injury was caused, partly or entirely, by the employer -- but allow much greater damages.

To win a FELA lawsuit, you must be able to prove that your injury was caused by the negligence (carelessness) of your employer or its other employees. Examples of negligence include:

Setting unsafe policies;
Using defective equipment;
Not maintaining equipment or rails well enough;
Bad decisions by other employees, both supervisors and colleagues;
Inattention from other employees;
Not taking steps to correct unsafe working conditions;

FELA claims have a big advantage over workers' compensation: They provide far more compensation for injured people. Under the law, injured employees are entitled to ask for the wages they lost while they were injured and payment of their medical bills; any other expenses they incurred as a result of the accident; compensation for pain and suffering; and compensation for any permanent, lifelong disability.

Survivors of a worker killed in a railroad accident are entitled to collect all of the damages the death caused, without limit, including funeral expenses, loss of future wages, and compensation for the loss of a spouse, parent or other loved one. By contrast, under Missouri law, workers' compensation allows workers to collect two-thirds of their normal weekly wages, up to a limit; as well as payment of work-related medical bills and financial compensation for a death, partial disability or total disability caused by a workplace injury. Under FELA, you can bring a claim even if the accident was partly your fault. However, if the jury in your case feels that you contributed to your own accident, they will probably reduce your compensation according to your share of the fault. Because the damages allowed under the law are broad, this can still add up to a substantial and worthwhile claim. An experienced railway accident lawyer can advise you on how to prove the railroad's fault in a FELA lawsuit.

If you've been hurt while working for a railroad, the chances are good that your employer and its representatives have already taken steps to investigate what happened and offer appropriate compensation. However, even if the employer and its insurers or attorneys have been pleasant to you, keep in mind that their job is to protect their own financial interests -- not yours.

If you suspect that you're not getting all the compensation you need or deserve, you should speak to a railroad accident attorney at Page || Cagle as soon as possible. Our experienced St. Louis FELA railroad accident lawyers know how to reconstruct an accident to show fault, prove the full extent of your injuries and get you the best possible result for your claim.

Page || Cagle is a successful law firm focusing exclusively on personal injury cases -- cases in which clients were injured through someone else's negligence. Based in St. Louis, we handle cases throughout Missouri and Illinois. Thanks to our many past successes, we have the knowledge, experience and resources necessary to pursue a large and potentially long-term case such as a FELA claim. And we always offer free case evaluations for clients interested in a railroad accident or other personal injury lawsuit. For a free consultation with an experienced railroad accident lawyer, call Page || Cagle today at 1-866-620-5757 or (314) 322-8515, or click here for our fast, confidential online contact form.

About FELA FELA Faq's FELA Railroad Accidents FELA Resources

1232 Washington Avenue,
Suite 220
St. Louis, Missouri 63103
P: (314) 322-8515
Toll Free: (866) 620-5757
john@pagecagle.com