Michigan Attorney For Railroad Negligence And FELA Cases

The Federal Employers’ Liability Act (FELA) was specifically designed to protect wronged railroad workers who sustain personal injuries. Because this law is complex, it is critical to hire a FELA and railroad injury lawyer with litigating experience in both state and federal courts.

As an Upper Peninsula lawyer, I understand the complexities of the law. My name is Jonny Waara, and I represent engineers, brakemen, switchmen and other railroad employees, wherever they are in the United States, to ensure they are appropriately compensated for on-the-job railroad injuries.

Common Types of Railroad Injuries Covered Under FELA

Railroad work is inherently dangerous. It involves heavy machinery, high speeds, and hazardous materials. Unlike typical office jobs, the risks you face daily can lead to severe, life-altering conditions. FELA covers a broad spectrum of injuries, provided we can prove that railroad negligence played a part.

We frequently represent clients suffering from:

Traumatic Injuries: These are acute injuries resulting from specific accidents, such as derailments, falls from moving equipment, crushing accidents during coupling, or slip-and-fall incidents on icy walkways.
Repetitive Stress Injuries (Cumulative Trauma): Years of heavy lifting, throwing switches, or walking on uneven ballast can degrade your body over time. Conditions like carpal tunnel syndrome, herniated discs, and joint deterioration are common among veteran workers.
Occupational Illnesses: Many railroad workers are exposed to toxic substances, including diesel fumes, asbestos, silica dust, and creosote. FELA allows you to seek compensation for cancers and respiratory diseases resulting from long-term exposure.
Aggravation of Pre-Existing Conditions: If your work duties accelerated or worsened an existing medical issue, you may still be eligible for compensation under FELA.

How FELA Differs from State Workers’ Compensation

To be compensated for railroad injuries, you need qualified legal help because FELA is fundamentally different from standard insurance claims. As an experienced trial lawyer, I recognize the distinct differences between FELA and state worker’s compensation law.

The Burden of Proof: Negligence vs. No-Fault

The most critical difference is the requirement of proof. State workers’ compensation is a “no-fault” system; if you get hurt at work, you generally get benefits regardless of how it happened. FELA is different. To recover damages, you must prove that the railroad was negligent.

This means we must demonstrate that the railroad failed to provide a reasonably safe place to work. This could be due to defective equipment, lack of safety training, insufficient manpower, or failure to enforce safety rules. While this burden of proof adds a layer of complexity, it opens the door to significantly higher compensation.

Scope of Damages

Under state workers’ compensation, benefits are usually capped and only cover medical bills and a portion of lost wages. You generally cannot sue for pain and suffering.

In a FELA claim, the potential recovery is far more comprehensive. We can pursue damages for:

Past and future wage loss
Medical expenses
Physical pain and suffering
Mental, emotional, and psychological distress
Loss of enjoyment of life

Because of these higher stakes, railroad companies fight these claims aggressively. This makes hiring a specialist, rather than a general personal injury lawyer, absolutely vital.

Establishing Negligence and Recovering Damages

At my firm, Waara Law, I offer experienced advocacy in recovering damages for clients’ railroad injuries. The first step is establishing negligence on the part of the railroad.

The injured railroad worker must demonstrate that the railroad failed to provide a reasonably safe place to work. When filing these lawsuits, I know that my clients’ compensation for their railroad injury will be far greater than they would be under regular workers’ compensation law.

While not every case goes to trial, I will work hard to ensure that every railroad worker is compensated adequately for his or her injuries.

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