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New Jersey FELA Claim Lawyers

Railroad Worker Injuries & FELA Claims

If you or someone you love suffered an injury while working in the railroad industry, you may have grounds to pursue compensation by filing a claim under the Federal Employers’ Liability Act (FELA).

The Federal Employers’ Liability Act is a federal law that applies to railroad workers who are injured on the job. These claims are different from traditional workers’ compensation and personal injury cases and are subject to unique laws and requirements. As such, injured railroad workers and families looking for help with filing a FELA claim should work with attorneys who have experience in this field.

At Levinson Axelrod, P.A., our award-winning attorneys have decades of collective experience fighting for injured victims and workers across New Jersey, including workers who were injured in the course of their employment in the railroad industry. If you have questions about filing a FELA claim, we want to help.

Levinson Axelrod, P.A. serves workers across New Jersey from multiple office locations. Call (732) 440-3089 or contact us online for a FREE consultation.

What is the Federal Employers’ Liability Act (FELA)?

The Federal Employers’ Liability Act, or FELA, is a federal law that allows injured railway workers to seek compensation for injuries suffered on the job. The Act exempts railroad employees from workers’ compensation, which bars injured employees from suing employers.

While FELA imposes requirements that don’t exist in traditional workers’ compensation cases, it allows for the recovery of damages that are otherwise unavailable through workers’ comp insurance.

Given the dangers of working in the railroad industry and the risks rail workers face when it comes to suffering serious injuries and disabilities, FELA claims can be vital source of compensation for workers and families with substantial and long-term losses.

Differences Between Workers’ Compensation and FELA Claims

Typically, workers’ compensation is the sole legal remedy for workers injured in the course of their employment. In some cases, however, injured workers may need to file different types of claims to recover compensation. This is precisely the case for railroad workers injured on the job.

While workers’ compensation and FELA are similar in that both are intended to compensate workers who suffer injuries in the course of their employment, the two systems have distinct differences. For example:

Proving fault. Workers’ compensation is a no-fault insurance system, which means injured workers are not required to prove their employer was negligent or at fault for their injury; workers only need to prove that their injury occurred in the course and scope of their employment to receive benefits. FELA claims, on the other hand, require injured rail workers to prove that their employer’s negligence played any part, even the slightest, in producing the injuries. For example, this may involve proving that an employer failed to properly train workers, provide adequate tools or PPE, or comply with safety regulations. FELA further differs from traditional negligence cases in that the rule of pure comparative negligence applies.
Damages. Workers’ compensation cases and FELA claims also differ in the types of damages available to injured claimants. In workers’ compensation cases, recoverable compensation is generally limited to medical expenses, lost income, and compensation for resulting disabilities. Recoverable damages in FELA claims are more robust. Rail workers with successful FELA claims can recover damages for pain and suffering, past and future medical expenses, past and future lost income, and other economic and non-economic losses.

Moreover, given the differences between a traditional case involving an injured worker versus an injured railroad employee afforded under FELA, the railroad employer more likely to diminish the significance of your injuries and their fault. Therefore, it is critical that you contact one of our experienced injury attorneys right away to properly advise you of your rights and you protect you accordingly.

For these reasons, it’s crucially important that injured rail workers enlist the support of attorneys who have experience handling these specific types of cases. At Levinson Axelrod, P.A., our attorneys focus exclusively on representing injured parties in personal injury and work injury cases and have extensive experience litigating FELA claims.

Support for Rail Workers with All Types of Injuries

Backed by a team of experienced attorneys, Levinson Axelrod proudly represents railroad workers and their families in a range of FELA claims. This includes cases involving:

Train derailments
Repetitive stress injuries
Electrocution and burn injuries
Any standalone injuries, such as injuries stemming from a traumatic trip/slip-and-fall
Toxic exposure and occupational diseases
Aggravation of pre-existing injuries
Catastrophic injuries
Wrongful death

Statute of Limitations in FELA Claim Cases

Claims filed under the Federal Employers’ Liability Act are subject to a legal deadline known as the statute of limitations. When the statute of limitations for an actionable injury or illness expires, workers won’t be able to file claims or recover compensation for their losses.

Under FELA, injured railroad workers must file claims within three years from the date of their injury.

While the date of injury is clear in cases involving traumatic injuries and accidents, it isn’t so obvious in cases involving occupational illnesses, such as hearing loss or cancer. Given the time sensitivity of these matters, it’s best to bring your case to the attention of an attorney as soon as possible. Our lawyers at Levinson Axelrod can help evaluate your situation and the statute of limitations applicable to your claim.

Call For a FREE Consultation:(732) 440-3089

Levinson Axelrod is a U.S. News “Best Law Firms” rated trial practice known for handling complex claims. Backed by decades of experience, our attorneys have recovered over $1 billion in compensation for injured victims and workers, and have the resources required of special cases like FELA claims.

If you have questions about your rights as an injured railroad worker and how our New Jersey FELA claim attorneys may be able to help you, call (732) 440-3089 or contact us online for a FREE consultation.

Only the Best Possible Result

Helping Clients Get the Compensation They Need

Medical Malpractice Settlement $12,500,000
The Levinson Axelrod, P.A. team obtained a $12.5 million dollar settlement on behalf of a client who was injured due to medical malpractice.
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Personal Injury Settlement $2,500,000
A $2.5 million settlement secured by Levinson Axelrod, P.A. Partner Brett Greiner.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.

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