Federal Employers’ Liability Act (FELA)
The state of Louisiana is an important rail transportation hub, due to its central location in the southern United States and its vast energy production network, which necessarily includes railroad transportation. The fact that Degan, Blanchard & Nash is located in this vital area of the country gives the firm and its attorneys a special advantage in handling litigation arising under the Federal Employers’ Liability Act (FELA).
Degan, Blanchard & Nash has significant experience in defending claims under FELA, which is an unusual federal statute combining aspects of workers' compensation law and tort law of negligence, by allowing actions by injured railroad employees against railroads engaged in interstate commerce and marine claims under the Jones Act. The firm’s attorneys are uniquely positioned to defend FELA cases.
The firm’s attorneys routinely represent FELA defendants before all of the state courts in Louisiana, as well as the federal district courts and administrative agencies. This experience extends to the Louisiana appellate courts, Louisiana Supreme Court, and federal appellate courts as well. Our attorneys have extensive experience handling all aspects of such cases from their inception through final resolution, including initial factual investigation, client reporting, case evaluation, discovery, mediation, motions for summary judgment, settlement proceedings, Medicare Set Asides, trial, appeal and pre and post-trial briefing. Collectively, they have handled numerous FELA claims in Louisiana and across the Gulf South, providing invaluable knowledge to assist the claims professionals throughout the course of litigation.
Degan, Blanchard & Nash can defend claims arising from personal injuries of railroad employees, environmental contamination spills, derailments, grade crossing incidents, as well as occupational claims by employees. We can also represent railroad companies in claims for carpal tunnel syndrome, hearing loss, exposures to fumes, and exposures to pollutants. Our representation also includes employment and labor issues arising between railroad employers and their employees, premises liability claims, and railroad property disputes.
We are also capable of defending quasi-occupational cases alleging rough ride, whole body vibration, ballast, repetitive stress, carpal tunnel and noise-induced claims. The firm also can represent railroads in employees’ claims involving diesel exhaust, benzene, asbestos, silicon, creosote and other particulate substances.
In addition to defending railroads under FELA, the firm is also able to defend Safety Appliance Act and Locomotive Inspection Act cases for its railroad clients. The firm’s experience and dedication are great assets in the ongoing fight to protect the country’s railroads against suspect claims, and to ensure that materials and supplies continue to be transported along the rails for many years in the future.