FELA Claims
The Federal Employment Liability Act (FELA), while not a workers’ compensation statute, provides that railroads engaged in interstate commerce that have been negligent are liable for injuries to their employees. If you are a railroad employee and have suffered injury or harm in a job-related accident, take the first step to protect your legal rights contact the FELA claims attorneys at Neblett, Beard & Arsenault. Call 1-800-256-1050 today or submit an online request. We handle FELA cases from Alexandria, Baton Rouge and across Louisiana.
FELA was enacted by Congress in 1908 in response to the large number of injuries sustained by railroad workers in the 1890s and 1900s. The act is intended to provide legal recourse for railroad workers injured on the job who are not covered by workers’ compensation. Unlike workers’ comp, the amount of FELA damages is not fixed by statute; damages are awarded by juries in a court proceeding. FELA claims are more difficult to litigate than workers’ compensation cases, but the damages awarded to the railroad worker are typically enough to cover medical expenses and are usually significantly higher than what would have been allowed by workers’ compensation.
To be eligible to recover damages under a FELA claim, the injured worker must establish that the railroad caused or contributed to his or accident. The injuries that are governed under FELA include:
- Traumatic injuries, such as broken bones and back strain
- Repetitive stress injuries that develop gradually such as carpal tunnel syndrome and hearing loss
- Aggravation of pre-existing injuries,
- Occupational diseases such as lung cancer, skin diseases and asbestos-related diseases.
A specific occupational disease that has been the source for a large number of lawsuits is toxic encephalopathy. Toxic encephalopathy is a form of permanent brain damage characterized by short-term memory loss, depression, anxiety and diminished mental functioning. Many people believe that toxic encephalopathy is caused by exposure to certain chemical solvents that were used regularly by the railroads from the 1960s to 1990s.
There have been thousands of lawsuits filed since the 1960s regarding solvent exposure on the job by railroad employees. Most cases link the exposure of employees to toxic substances to brain damage ranging from mild to severe. Though chemical solvents have been largely phased out by railroads, workers who were exposed to high concentrations for decades are still coming forward with symptoms of permanent brain damage.
The railroad industry maintains that there is no link between brain damage and exposure, but the documented settlements awarded to railroad workers in these cases range in the millions of dollars. Medical experts estimate that thousands of workers may be suffering from toxic encephalopathy but have been misdiagnosed due to the complexity of diagnosing the debilitating illness. In order to ensure that these cases are properly presented, it is important to work with an attorney and a doctor who are thoroughly familiar with FELA claims and toxic encephalopathy. The attorneys at Neblett, Beard & Arsenault have extensive experience with FELA claims and have a network of healthcare providers who regularly consult on these cases.
A claim under FELA must be filed within three years from the date of the accident. In the case of repetitive stress or occupational diseases, the statute of limitations of three years begins to run from the time the injured worker knew or should have known that they may have had a work-related injury.
If you have been injured as the result of employment by a railroad, contact the law firm of Neblett, Beard & Arsenault. We have represented thousands of personal injury victims including FELA claims, and we’re ready to help you. We’ll review your situation free of charge and advise you of your legal options. Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.
FELA claim Attorneys
If you have been seriously harmed or injured due to employment by a railroad, take the first step to protect your legal rights – contact the FELA claim attorneys at Neblett, Beard & Arsenault. We handle cases across Louisiana including Baton Rouge and Alexandria. You only have a limited time after your injury to file a claim, however, so you must act quickly. Call 1-800-256-1050 today or submit an online request.
- Injuries
- Accidents
- Offshore / Maritime
- Dangerous Drugs & Products
- Food Poisoning
- Nursing Home Neglect
Personal injury is a legal term that describes a serious injury suffered by one person that is caused by the negligence or wrongful actions of another. Negligence or wrongful conduct can happen in the form of a car accident, medical malpractice, maritime accidents, or dangerous products.
Whether you were hurt in a car wreck, on an oil rig or suffered harm from a prescription drug, your first priority is medical treatment – but you may be confused about your next steps. If you or a loved one has been seriously hurt, an experienced personal injury attorney can be a vital resource for providing knowledgeable, no-nonsense advice about your legal options. The personal injury attorneys at Neblett, Beard & Arsenault have been helping injury victims for more than two decades – and we’re ready to work for you. Contact us today at 1-800-256-1050 or submit an online request.
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Vehicle accidents are among the most common causes of personal injury in Louisiana. In 2008, there were thousands of car accidents, including 827 fatal traffic collisions – causing the death of 920 people. Considering that most of us must use a vehicle to travel to our jobs, our schools, stores and home, we are all at risk for becoming involved in a vehicle accident at some point in our lives.
The vehicle accident attorneys at Neblett, Beard & Arsenault have devoted the past 25 years to representing injury victims in Alexandria, Baton Rouge and across the state of Louisiana. We know that even the slightest mistake can quickly turn into a tragic accident – and if you’ve been hurt because of someone else’s negligence on the roads, you have the right to file for financial compensation. Contact us at 1-800-256-1050 or submit an online request for a free evaluation of your claim.
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Maritime law is the area of our legal system that covers incidents that occur on the water. Maritime law encompasses individuals who are injured on a boat as a member of the crew or a passenger. It also covers longshoremen, offshore oil field workers and many other individuals injured on a boat, rig or dock.
The Maritime Law attorneys at Neblett, Beard & Arsenault have been providing knowledge and experience to law firms across the country in the area of maritime law for more than a quarter of a century. If you or a loved one has been hurt while working in a maritime profession, contact our firm by calling 1-800-256-1050 today or submit an online request.
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Dangerous drugs and dangerous medical products can often do more harm than the disease or condition they are treating. Despite FDA regulations, many products slip by with unknown and harmful side effects that could be caused by a flaw in design or production. Sometimes these side effects are known by the company, but the product is pushed through in order to avoid delays and make profit.
If you have been hurt by a prescription drug or other pharmaceutical product, the best thing that you can do for yourself and other patients is to come forward. The pharmaceutical litigation lawyers at Neblett, Beard & Arsenault of Louisiana know how to deal with the big drug companies and we work hard to help ensure that the injured receive justice. Contact us today at 1-800-256-1050 or submit an online request. We handle pharmaceutical litigation claims across the state of Louisiana including Alexandria and Baton Rouge.
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Foodborne illnesses are highly preventable, yet they are very common in the United States. According to the Centers for Disease Control and Prevention (CDC), nearly 325,000 people are hospitalized due to food poisoning and more than 5,000 die. Poor preparation and improper handling of food can expose thousands of people to dangerous diseases such as botulism, campylobacterioses, e.coli, listeria and salmonella.
If you or someone you love has become seriously ill due to contaminated food, contact the Louisiana food poisoning attorneys at Neblett, Beard & Arsenault today. We have represented thousands of personal injury victims including victims of food poisoning. Call 1-800-256-1050 today or submit an online request. We represent victims across the state of Louisiana including Alexandria and Baton Rouge.
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It is a difficult and emotional decision to place a mother, father or grandparent in a nursing home. When you do, you expect that your loved ones will experience the highest level of care possible. Unfortunately, that is not always the case. No matter how carefully you choose and investigate a nursing home facility, nursing home neglect, abuse and mistreatment do occur.
The nursing home negligence attorneys at Neblett, Beard & Arsenault have spent the past 25 years representing injury victims across the state. Our lawyers have represented thousands of people suffering from nursing home negligence, and we understand the serious complications that can result. If your loved one has experienced nursing home negligence, contact our firm by calling 1-800-256-1050 today or submit an online request. We handle nursing home neglect cases from Alexandria, Baton Rouge and across Louisiana.
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