Articles(click link to download PDF file)

What To Consider When Choosing A Lawyer

1. It is your legal right and your responsibility to choose the Lawyer you think is best for you and your family.

2. Consider the Lawyer's experience with FELA cases.

3. Should you use a designated or independent Lawyer?

4. A designation by a union is not a specialty sanctioned by the bar association which regulates Lawyer conduct.

5. A designation is simply a statement that the lawyer or law firm has been approved by the union. The union has no right to discipline a Lawyer.

6. You may hire any Lawyer you choose; you are not required to hire designated counsel.

7. The Lawyer owes a duty of undivided loyalty to you, his client. Make sure he has no conflicts of interest.

8. Will you be represented by the Lawyer you hire or by someone else in the firm you have not met?

9. How does the Lawyer charge for his services?

10. What services are included in the fee he charges?

11. Beware of Lawyers who tell you how much your case is worth before knowing the facts in detail.

12. What is the Lawyer's track record in representing railroad workers?

For more information please contact us at 1-800-376-0538

Completing The Accident Report

1. Tell the truth

2. Be brief

3. You have the right to put anything you wish on the report

4. Include all important details, especially witnesses and unsafe tools or conditions

5. Complete the report as soon as possible after the injury: read the rule on reporting injuries

6. If a company official attempts to influence your reporting of the accident, note it on the accident report and identify any witnesses to the attempt; such actions are illegal

7. The report will be important evidence in your personal injury case; be careful and take your time filling out the report

8. You have the right to discuss the report with a Lawyer before filling it out

9. You the have the right to have union representation with you when you fill out the report

10. The report will be used in the trial of your case; don't lose your case because of a careless report
For more information please contact us at 1-800-376-0538

The FELA: How It Works For You

THE STATUTE

Every common carrier by railroad while engaging in commerce between any of the several States shall be liable in damages to any person suffering injury while he is employed by such carrier for such injury resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier by reason of defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track roadbed, works, boats, wharves, or other equipment. 45 United States Code, Section 51

LIMITATIONS

Any FELA Claim must be filed in court within three (3) years of the day the cause of action accrues.

INJURY

Any injury related to your job is covered by the FELA.
Traumatic Injuries - spinal injuries, broken bones, burns, torn ligaments.
Cumulative Injuries - injuries which occur over time due to repetitive motion or stress.
Occupational Diseases - injuries resulting from exposure to hazardous substances while at work such as asbestos, welding fumes, silica, chemical cleaning solvents, and lead.

DUTY

The Railroad has a non-delegable duty to provide you with a safe place to work. The Duty Includes:

* - Inspecting your workplace to eliminate hazards
* - Warning you of hazards which are not obvious
* - Training you and other employees in safe work practices
* - Complying with safety statutes, regulations, and practices, including their own safety and operating rules
* - Providing you with safe and appropriate tools and equipment, including protective equipment
* - Assigning you to do work within your physical capabilities and for which you and your co-workers have been properly trained
* - This duty is the railroad's alone. They cannot escape liability for your injuries simply because some other party contributed to your injuries
* - In the absence of notice or knowledge to the contrary, you are entitled to assume that the railroad has made your workplace safe

NEGLIGENCE AND CAUSATION

You MUST prove that the railroad was negligent in causing your injuries. No railroad negligence means no monetary recovery for you regardless of the amount of your losses.
However, the FELA, unlike State Laws, provides that you may recover money damages if the railroad's negligence was a cause HOWEVER SLIGHT, IN WHOLE OR IN PART, of your injuries.

COMPARATIVE NEGLIGENCE

Simply put, if your actions helped cause your own injuries, your money damages are reduced by the percentage of your own fault unlike State Laws which may eliminate all recovery if you contribute to your own injury.
Example: You are 20% at fault in causing the accident and the railroad is 80% at fault. If a jury awards you $100,000.00, You would receive $80,000.00 which is the percentage of your damages caused by Railroad negligence

DAMAGES

To recover money for your injuries, you must prove that you have been damaged by Railroad negligence. The FELA allows money damages for the following injuries:

*  LOST WAGES - You may recover your lost wages, past and future, net of income taxes.
*  PAIN AND SUFFERING - You may recover your physical and emotional pain and suffering in the past and into the future.
*  MEDICAL BILLS - You may recover your past and future medical expenses. This does not mean that the railroad will pay your health insurance premiums into the future.
*  LOSS OF BENEFITS INCLUDING PENSION - If you are unable to return to work because of your injuries, you may recover the present value of your lost fringe benefits and reduction of your retirement
*  DISABILITY AND DISFIGUREMENT RESULTING FROM THE INJURY
*  AGGRAVATION OF PRE-EXISTING CONDITIONS
*  NO CLAIMS FOR YOUR SPOUSE/NO PUNITIVE DAMAGES

For more information please contact us at 1-800-376-0538

Attention All Railroad Workers And Family Members

When a railroader suffers a work related injury, important decisions must be made immediately to protect the worker’s family and job. Our law firm is dedicated to representing all injured railroad employees regardless of their craft or railroad employer. Since 1986, Martin E. Jackson has dedicated his career to representing and protecting injured railroad workers and their families in thousands of cases across the United States. Since that time he has represented, counseled, and tried lawsuits for thousands of railroad employees in over 30 states and in federal courts across the country. His practice is dedicated to helping working people who are injured by the negligence of large corporations.

Mr. Jackson is admitted to the bar of the United States Supreme Court. He is a member of the bar in South Carolina (1985), Texas (1991) and Colorado (2000), and Nebraska (2005). He is admitted to the United States Court of Appeals for the 4th,, 5th, 9th, and 10th Circuits. He is admitted to the United States District Courts for the Districts of South Carolina, Texas (Southern), Nebraska, and Colorado.

Mr. Jackson continues to represent injured railroad workers across the country in all types of injury claims arising from: traumatic injuries and deaths, cumulative traumatic injuries, asbestos disease (including cancer), silicosis, welding fumes, hearing loss, diesel fumes, and other types of occupational exposures and cancers. He also handles serious personal injury and death cases arising outside of the railroad industry.

Martin E. Jackson is committed to providing complete, personalized legal advice and representation for railroad workers in need of assistance. We want you to know your rights under the law when you or a family member is injured due to railroad negligence. That is why we are pleased to offer a free consultation with no obligation whatsoever.

Please feel free to contact us at 1-800-376-0538

Atención a Todos los Trabajadores Ferroviarios y sus Familiares

Cuando un trabajador del ferrocarril sufre una herida relacionada con su trabajo, se deben de tomar decisiones importantes inmediatamente para proteger su familia y su trabajo. Nuestra consejera jurídica se dedica a representar a todos los empleados del ferrocarril que se han herido sin importar la clase de trabajo que desempeñan o el empleador del ferrocarril. Desde 1986, Martin E. Jackson ha dedicado su carrera en representar y proteger a los trabajadores que se han herido en el ferrocarril y a llevados casos a través de millares de familias en los Estados Unidos. Desde entonces el ha representado, aconsejado, y llevado millones de casos a corte de empleados del ferrocarril dentro de 30 estados en cortes federales a través del país. Su práctica esta dedicada en ayudar a la gente que trabaja y que son heridos por la negligencia de corporaciones grandes.

El señor Jackson lo admitieron a la abogacía en el Tribunal Supremo de los Estados Unidos. El es un miembro de la abogacía en Carolina (1985), Texas (1991), Colorado (2000) y Nebraska (2005). Lo admitieron en el Tribunal de Apelación de los Estados Unidos para los Circuitos de 4th, 5th, 9th y 10th. Lo admitieron a las Cortes del Distrito de los Estados Unidos para los Distritos de South Carolina, Texas (del sur), Nebraska y Colorado.

El señor Jackson continua representando a trabajadores heridos del ferrocarril a través del país en todos los tipos de demandas que se presentan de lesión de: lesiones traumáticas y muertes, lesiones traumáticas acumulativas, enfermedad del asbesto (incluyendo cáncer), silicosis, humos de soldadura, perdida de oído, humos diesel y otros tipos de exposiciones ocupacionales de cáncer. También el maneja los casos serios de los heridos corporales y de la muerte que se presentan fuera de la industria del ferrocarril.

Martin E. Jackson esta confiado a proporcionar completamente asesoramiento jurídico y la representación para trabajadores del ferrocarril que necesitan ayuda. Quisiéramos que usted tuviera conocimiento de sus derechos bajo la ley cuando usted o un miembro de su familia esta heridos debido a la negligencia del ferrocarril. Estamos complacidos en ofrecerles una consulta gratis sin ninguna obligación.

Siéntase libre por favor en contactarnos a 1-800-376-0538