Nationwide Railroad Attorneys.
If you were injured while working with a railroad, our experienced attorneys are here to help.
At Montgomery Ponder, LLC, we have decades of experience representing railroad employees. Our attorneys represent railroaders and their families in a variety of legal issues, including:
Federal Employers Liability Act (“FELA”) claims
Locomotive Inspection Act (“LIA”) claims
Safety Appliance Act (“SAA”) claims
Title 49 (“Whistleblower”) claims
Railroad Retirement Board appeals
Montgomery & Ponder, LLC has over 50 years of experience, and we have handled numerous cases on behalf of railroad workers and their families. We have the resources to provide you with the strongest case possible. If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.
Learn more about railroad law
What is an FELA claim?
The railroad business was exceptionally hazardous at the dawn of the twentieth century. As the United States Supreme Court has stated: “the physical dangers of railroading… resulted in the death or maiming of thousands of workers every year,” including 281,645 injuries in the year 1908 alone. That same year, the United States Congress enacted the Federal Employers’ Liability Act (“FELA”) to protect the rights of railroad employers and their families in the event of injury or death of a railroader.
Under this law, the employee has the right to file a claim against his employer in a state or federal court and has an absolute right to a trial by jury.
The railroad employee involved in an injury case is entitled to an award according to the type of injury sustained and the extent of the injury whether it is temporary or permanent. He is entitled to an award for any disability or disfigurement, aggravation of a pre-existing condition, and the pain and suffering experienced from the injury.
Additionally, the injured worker is entitled to an award for reasonable medical expenses incurred as a result of the injury. The injured railroader is entitled to any lost wages from time off or, in the event of a permanent injury, any wages from the time of the injury up to and including such time as he would have retired from the railroad.
In the event of the death of a railroad employee, the wife and children of the employee are entitled to an award for the pain and suffering experienced prior to the spouse’s/parent’s death and an award for all reasonable medical care, treatment, and services received prior to death. The wife and children of the employee are also entitled to an award for the loss of support resulting from the death of the railroad worker.
If you feel you have a FELA claim, our attorneys would like to talk to you. You may be entitled to compensation. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.
Locomotive Inspection Act
The Locomotive Inspection Act, 49 U.S.C. § 20701 (“LIA”) requires locomotive equipment operate without unnecessary dangers. As with other safety regulations, a violation of the LIA constitutes negligence per se and a breach of the railroad’s duty to its employees. An injured railroader need only establish that the defendant’s violation of the LIA played a part, even the slightest, in producing the injury or death to recover.
If you have been injured on a locomotive while working with a railroad, you should speak with an experienced FELA attorney immediately. These types of cases tend to be complex, so it would be to your advantage to seek an attorney as soon as possible. Many times these cases take a great deal of investigation, and the earlier this can be started the better.
If you feel you have a Locomotive Inspection Act claim, our attorneys would like to talk to you. You may be entitled to compensation. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.
Safety Appliance Act
The Safety Appliance Act represents an extended legislative and regulatory effort, beginning in the 19th century, to improve the safety of railroad employees and the public. As railroads rapidly began to grow and develop following the Civil War, it became increasingly apparent that new measures were needed to protect train service employees who were directly involved in the movement of trains. In response to these unsafe conditions, the United States Congress adopted laws to regulate the safety of railroad freight cars.
The Safety Appliance Act is similar to the Locomotive Inspection Act in that it establishes an absolute duty to the railroad company to provide a safe environment for its workers. The Safety Appliance Act covers basic components of railroad freight cars, e.g., grab irons, ladders & running boards, sill steps, and cut leavers.
If you feel you have a Safety Appliance Act claim, our attorneys would like to talk to you. You may be entitled to compensation. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.
Title 49 "Whistleblower" Claims
Railroad workers are provided “whistleblower” protection under 49 U.S.C. Section 20109. This law protects railroaders from retaliation by the railroad for engaging in protected activities, such as reporting a work-related personal injury; refusing to violate federal laws/regulations; reporting hazardous conditions; reporting safety/security concerns; providing information to the Federal Railroad Administration, Homeland Security, or National Transportation Safety Board; and reporting violations of federal law.
The Title 49 Whistleblower statute also prohibits railroads from denying, delaying, or interfering with medical treatment following a work-related injury. There are a variety of other protections afforded by the Title 49 “Whistleblower” statute.
The relief available in a Title 49 Whistleblower claim is “all relief necessary to make the employee whole.” This includes: (1) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (2) any back pay, with interest; and (3) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
If you believe you have been discriminated against in violation of the Whistleblower statute, our attorneys would like to talk to you. You may be entitled to compensation. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.
Railroad Retirement Board Appeals
As a railroad worker, you have a right to be represented by a qualified person of your choice in matters before the Railroad Retirement Board (“RRB”). Our firm has experience handling a variety cases before the Railroad Retirement Board, including applying for disability benefits, disability determination hearings, reconsideration of a denial, and appeals.
If you need assistance with your Railroad Retirement Board claim, our attorneys would like to talk to you. Please contact us at 205.201.0303 or click here for a free, no-obligation legal consultation.