The statute of limitations is three (3) years. However, in some cases it may not be clear when the three year time limit starts to run. Therefore, you should seek advice from a knowledgeable attorney regarding your specific situation.
You must file your complaint with OSHA within one hundred and eighty days from the date adverse action was taken against you. Fact patterns in these cases can be complex and we strongly encourage you to discuss your particular case with a knowledgeable attorney.
We do not take a fee in an FELA case unless you make a recovery. When you do make a recovery we charge a percentage of the amount recovered. This is known as a “contingency” fee.
The railroad employs claim agents to protect the railroad’s interest. The claim agent does not work for you. Think about this: if your case ever goes to a trial, the claim agent who wants to take a statement from you now, will most likely sit at the table with the railroad's lawyers at court. Any statement you provide will be given to the railroad’s attorneys, and they will go thorough it with a “fine tooth comb” to see if they can twist anything you say and use it against you at trial. If you have been dealing with a claim agent, we urge you to consult with a knowledgeable attorney before giving any statement. At The Reddy Law Firm we are happy to discuss such a situation with you, without charge or obligation.
Assuming either the limo / jitney or the hotel acted negligently to cause your injury, then you may be covered under the FELA. Railroads are not allowed to dodge their responsibilities under the FELA by telling you that you need to deal with the hotel or limo company yourself. These other companies are considered agents of the railroad for purposes of the FELA. The railroad can be responsible for any negligence of these agents. This is known as “vicarious liability.” The railroad may also be responsible, based on its own actions or failures, such as failing to act on complaints made about an unsafe condition at the hotel or an unsafe driver working for a "limo" or "jitney"transportation company.
If this happening to you, we encourage you to speak to a knowledgeable attorney to discuss your situation immediately. Congress has passed laws making it unlawful for railroads to discipline workers because they make a good-faith report of an unsafe condition at work, or because they have reported an on-duty or work related injury. These laws are often referred to as "whistleblower protection" under the Federal Rail Safety Act or "FRSA." If this has happened to you, you may be legally protected, BUT you must act to protect your rights within a very limited time. You should seek legal advice immediately. At The Reddy Law Firm we are happy to discuss such a situation with you, without charge or obligation.
Yes. Brian Reddy has addressed numerous groups on this topic, often at a local union meeting. If you would like him to attend such a meeting please contact us and we'll be happy to schedule it.
Yes. The FELA applies to all employees of a railroad provided it engages in interstate commerce. As a practical matter, virtually all railroads in the United States are considered to engage in interstate commerce
Not necessarily. The majority of FELA cases handled by The Reddy Law Firm settle prior to trial. However, it is important to remember that should a case not settle, the law provides a right to a jury trial for recognized FELA claims. Therefore, it is to your great advantage to have an attorney who has experience both trying these cases in court, and who has obtained successful verdicts for his clients. With The Reddy Law Firm, that is what you will get.
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