Louisiana Railroad Employee Injury Lawyer
Over the years, the railroad workforce has expanded from a few hundred workers to a few hundred thousand workers. These critical workers face severe injury risks. In fact, former President Benjamin Harrison said railroad workers are “subjected to a peril of life and limb as great as that of a soldier in time of war.” Shortly after he made these remarks, Congress passed the Federal Employers’ Liability Act. FELA is a special job injury compensation system that accounts for the specialized nature of the injuries these victims sustain.
The compassionate Louisiana railroad employee injury lawyer at Lunsford, Baskin & Priebe also understand the specialized nature of railroad worker injuries. Many of the people on our professional team have gone through a similar experience. This compassion motivates us to work extra hard to obtain the financial compensation these families need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The combination of these benefits helps victims put their injuries behind them, get back to work, and move on with life.
Many trains, railroad yards, and so on were built in the 1980s, or even earlier. Over time, this equipment has gone through almost unparalleled wear and tear. Therefore, trauma injuries and occupational diseases are both very common.
Falls are the most common trauma injuries among Louisiana railroad workers. Unmaintained ballast, or the pebbles that usually surround railroad tracks, often contribute to falls. The loose surface makes it difficult to get secure footing. That’s especially the case if, as is often the case, the victim jumps off a moving train and lands on ballast. Furthermore, these rocks get very slick, even after a light rain.
Ballast also contributes to breathing problems and other occupational diseases. Ballast has a high silica dust content. This fine dust is highly toxic. It often causes silicosis, an irreversible lung disease. Silica dust has also been linked with lung cancer and a number of other chronic, serious health issues.
Other railroad worker injuries include repetitive stress injuries, asbestos exposure injuries, and chronic lead poisoning.
Almost ever since Congress passed FELA, railroad industry lobbyists have worked hard to overturn it. That’s because its provisions are extremely victim-friendly.
Normally, negligence petitioners must prove that negligence, or a lack of care, substantially caused their injuries. In a FELA case, a Louisiana railroad employee injury lawyer must only prove that negligence contributed in some way, however slight, to the injury.
Ballast-related falls are a good example. If Ramon’s boss failed to provide protective footwear that gripped ballast, he might have fallen anyway, especially if the ballast was slick. Nevertheless, this slight bit of negligence is sufficient to obtain FELA benefits.
Because of the slight negligence rule, most insurance company negligence defenses are ineffective. At best, these defenses usually just shift part of the blame for an injury from the victim to the tortfeasor (negligent party). There’s no such thing as proportional fault in a FELA claim. If the employer was only .01 percent responsible, for FELA compensation purposes, the employer might as well have been 100 percent responsible.
Connect With a Diligent Lafayette Parish Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Louisiana railroad employee injury lawyer, contact Lunsford, Baskin & Priebe, LLC. You have a limited amount of time to act.