Railroad Injury

Schlichter Bogard & Denton has devoted many years to providing the highest level of representation to America's railroad workers. Jerry Schlichter is designated legal counsel for the Brotherhood of Locomotive Engineers and Trainmen and the United Transportation Union and has been voted repeatedly by peers into "Best Lawyers in America" including in 2011. In addition, Mr. Schlichter has been elected by peers to the National Board of the Academy of Rail Labor Attorneys, an organization which advocates retaining the Federal Employers Liability Act (FELA), an almost 100 year old law which provides for the rights of injured railroad employees to sue their employer for fault causing injury.

The firm commands strong respect throughout the railroad industry for its highly successful representation of all crafts of railroad employees, including engineers, conductors, switchmen, maintenance of way workers, carmen, and shop craft employees. The firm has handled precedent-setting cases for railroad workers. For example, the firm obtained the first and only jury verdict for a railroad employee in which a jury found a locomotive not crashworthy. In another case, the firm obtained a verdict for a railroad employee of $5.5 Million, the largest injury verdict against the railroad ever.

The firm's record of success was the subject of a feature article in the St. Louis Post-Dispatch entitled "Law Firm Remains Undefeated in Railroad Trials." The firm's unique success was also the subject of a recent national story in U.S. Lawyers Weekly, a publication for lawyers throughout the United States, entitled "Small Firm Rides String of Victories in Railroad Cases." Recently, the firm obtained a $3.1 Million verdict for an engineer who was hurt while dismounting a locomotive (see article). In 2011, the firm obtained a $1.75 Million verdict for a conductor who was hurt in a train derailment (see article).

In addition to injury cases, the firm has also taken on important issues in the railroad industry on behalf of railroad employees, including:
1) successfully defeating a railroad lawsuit to punish workers and union officers for a claimed "wildcat strike";
2) participating in a Washington march in support of union-sponsored rail safety initiatives;
3) successfully suing the Federal Railroad Administration to block unfair engineer-certification procedures;
4) being the only firm in the country to sue a railroad to stop enforcement of a rule restricting an employee's ability to have access to witnesses, a case which resulted in a state supreme court invalidating the railroad rule and fining the railroad a very substantial sum; and
5) working hand in hand with rail labor to pass fair legislation affecting the rights of railroad workers.

IF YOU ARE INJURED WHILE WORKING FOR THE RAILROAD

Railroad employees work in a dangerous industry. Because of these exceptional hazards unique to the railroad industry, Congress passed a special law, the Federal Employers Liability Act (FELA). Under the FELA, a railroad employee can have a jury trial and recover damages if he or she is injured or killed as a result of fault by the railroad, such as defective equipment, a defective locomotive or railroad car, or unsafe working conditions. The heavy labor and repetitive motion of many railroad jobs also may cause cumulative injuries to various body parts, such as the low back, neck, shoulders, elbows, forearms and wrists. The symptoms of these injuries develop over time and often occur without any specific incident. Nonetheless, the railroad may be at fault for providing an unsafe work environment during the course of an employee's career. We have successfully handled and are currently handling numerous cases involving cumulative trauma injuries from years of railroad work, and we have obtained never-before-produced railroad-industry documents documenting the rough ride and "whole body vibrations" from locomotives causing such damage.

Most railroad injuries are preventable. With thorough investigation, witness interviews, and skillful trial preparation, we can develop the facts which demonstrate the negligence causing the injury. Using a team of skilled investigators who themselves have decades of experience as railroad workers, we understand the unique railroad-industry practices and procedures which can cause injury to employees.

We understand the concerns of railroad employees when they are injured, such as fear of discipline and loss of support for their families. We use special care in helping injured railroad employees deal with these concerns.

For more information, you may contact us for a free consultation. As an additional service, we also provide free advice on any railroad matter, such as labor and discipline issues, even if there is no injury on the job.

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www.ble.org
www.utu.org
www.fra.dot.gov