Recent Posts in Workers Comp Category

While cameras at traffic stops have seen much press, cameras at railroad crossings have had much less attention.  In May of 2008, a camera was installed on Rock Hill Road near downtown Webster Groves to catch motorist trying get past railroad warning devices.  During the first 1 ½ years, it has resulted in about 1,100 citations to gate running.  Last year, of the 1,896 incidents at railroad crossing in the United States, there 247 deaths and 705 injuries according to the Federal Highway Administration.  Enforcement through installation of a camera is one way for a municipality to increase safety. According to railroad spokespersons, however, enforcement is just one of the factors to increase safety; the other two factors are engineering and education.

There  has a been a slight drop in the number of railroad crossing accidents and part of this is due to the number of crossing that have been closed in the past six years. The Federal Railroad Administration asked railroads to be more aggressive in this area.

Locomotives from several rail companies have become outfitted with cameras in the cab to record the images of crashes or near misses. This video footage may be useful to all parties in an investigation when analyzing many aspects to determine fault and also, for railroad safety training.

So what if you have been involved in a railroad related accident?
As railroad accidents continue to increase involving derailment, crashes with other trains, pedestrians, equipment failure or crashes with other vehicles; all of these types of accidents can result in catastrophic injuries, deaths, and extremely large amounts of property damage.Not only do these injuries have major consequences for the victims, but their families and loved ones who depend on their income may have to provide care. A FELA claim may assist family members in recovering lost wages, compensation for pain and suffering, future and past medical bills and the possibilities of permanent disability. Zane Cagle is aggressive in assisting victims of train wrecks and their families in filing claims to assist in this time of need. If you or a loved one has sustained serious injuries in a train related crash, contact the firm as soon as possible. The sooner you contact an attorney who specializes in the area of FELA related claims, the more advantagous to your claim.  While you have three years to file this claim, prompt and aggressive action provided in retaining evidence and utilizing a research team is essential.  This prompt action is part of the aggressive reputation of the Cagle Law firm. Our premier St. Louis personal injury attorneys will speak with you personally in a free consultation, answering any and all questions you may have about your claim.

To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Amtrak train traveling from Lee's Summit to St. Louis was involved in two train-auto collisions with pick-up trucks on Thursday. At 8 a.m., a 44 year old man drove around a crossing bar that had just been lowered and was struck. The truck was sheared in half and the man was ejected about 40 feet.  The driver was rushed to the hospital with serious injuries and remains in intensive care. It was later determined that the driver was driving a truck that had been stolen earlier from a sanitation business. Then, two hours later, the Amtrak train struck a maintenance worker's pick-up as it was sitting too close to the tracks.  The maintenance worker was spraying weeds from the inside of the truck and did not have time to move.  The second collision occurred at a section of the track that did not include warning signs. None of the passengers on the Amtrak train were injured in either collision.

Have you been injured in a railroad related accident ?

While both collisions were avoidable, both could be classified as different type's personal injury claims. In the first accident, the driver of the truck was a non railroad employee where as in the second accident; the maintenance worker may have been a railroad employee.  If the second driver was a railroad employee then he would fall under The Federal Employers Liability Act (FELA) that allows railroad employees who are injured on the job to file a lawsuit to recover damages from his/her employer when negligence occurs on the part of the employer or another employee.  This act is not to be confused with Workers' Compensation.  Under conditions of FELA, the injured employee may recover punitive damages that they would not be entitled to under Workers' Compensation; however, FELA is a complicated statute. Therefore, it is highly recommended that an injured employee or family of a killed employee to consult a FELA attorney in order to protect the victim's rights. 
  
    At the Cagle Law Firm, an experienced St. Louis Accident Attorney can review your claim and help you file a lawsuit against the person responsible for your accident or injury or to help you to determine if you have a wrongful death claim or a claim for personal injury damages contact the Cagle Law firm today.
    To schedule a consultation to discuss your claim, please contact the firm today at (800) 716-2621

Two different FELA suits are on the docket this week in Texas where the railroads have attempted to enforce a summary judgment maintaining that the plaintiffs are not entitled to sue under the Federal Employers Liability Act.  In order to continue the case, the plaintiffs' lawyers must prove otherwise to the judge or face dismissal.

One suit alleges injury while installing an end-of-train device while working in Dayton.  As a result of the accident, the plaintiff has suffered physical and mental pain, which has had a serious effect on his well-being.  

In the second suit, the plaintiff alleges that during the course of his employment, the defendant failed to provide him with a safe place to work.  Consequently, he was exposed to repetitive trauma injuries while working within, "the scope of his employment."

The suit went on to state that the conditions where he was working did not comply with federal regulations concerning the track and ballast.  Moreover, the equipment he worked for violated the Safety Appliance Act along with other federal regulations designed to maintain safe work environments for rail employees.  Therefore, his injuries were a direct result of the defendant's negligence to provide a safe and hazard-free workplace.

Have you been injured on the job?  If so, call our offices today for a free consultation.  At Page Cagle, our experienced FELA and Workers' Compensation Attorneys will be able to answer all your questions and fight for the compensation you deserve.  Contact us today.

After the Missouri Supreme Court upheld the 2005 changes to the state worker's compensation laws, some attorneys have predicted a resulting rise in civil suit filings against employers from worker's who no longer qualify for injury benefits.

According to an MSNBC report, the Court said that workers excluded from the narrower definition of "accidental injury" could now sue their employers in court, a decision many say will negatively impact businesses.

What are some of the changes?  Among other things, workers now have to show a "specific event during a single work shirt" in order to receive compensation, which eliminated the previous "series of events" qualification that granted benefits for carpal tunnel injuries.  Also, the accident must be the "prevailing factor" in the injury rather than proving employment.

So far, the Missouri Chamber of Commerce and Industry is not worried about an influx of lawsuits, and notes that the important thing about the reformed law is the elimination of cases that should never have qualified for worker's comp to begin with.

If you have been injured during an accident at work and were denied benefits, it is very important to contact a Worker's Compensation Attorney right away.  At Page Cagle, our legal team is available 24/7 to answer any of your questions and help you build your case.

When Nigel Haskett stopped a domestic fight in a McDonald's dining area, the fast food employee was praised as a hero, sustaining multiple gunshots attempting to keep the violent man out of the restaurant.  Now, McDonald's insurance company is denying Haskett worker's compensation benefits, claiming that his injuries fell outside the, "scope of his employment."

As seen on a surveillance video, Perry Kennon, a man with a history of criminal behavior, was smacking a woman in the face when Haskett tackled him, ejecting him from the premises.  Moments later, Haskett stumbled back inside and collapsed after Kennon shot him several times in the stomach.

Haskett, only 21 at the time of the incident, applied for worker's comp after he incurred nearly $300 thousand in medical bills for three abdominal surgeries.  According to McDonalds, employees are told to call police in the event of a robbery or dangerous altercation and not to take matters into their own hands.  Haskett claimed he was never informed of that policy and acted in the spur of the moment to keep the woman safe.

Supporters of Haskett have turned to previous cases where courts have deemed "good Samaritan" acts while on the job within the realm of compensation, especially if it results in good will toward the employer.  So far, McDonald's denial of benefits has negatively impacted public opinion, and the fast food chain has declined comment as the case is still pending before the Workers Compensation Commission.

When an employee is injured on the job because of the actions or negligence of the employer, he or she is entitled to workers compensation benefits covering lost wages, medical bills and even death.  If you have been injured on the job and feel you have been wrongfully denied benefits, call the experienced Workers Compensation Attorneys at Page Cagle today for a free consultation.  We have the experience and know how to build your case and help you get what you deserve.

According to a Texas newspaper, Railserve Inc. is left as a lone defendent in a FELA suit filed by Perry Ashworth, an employee of the company, who lost part of his leg in 2007 after a railcar rolled over him.

When the accident occurred, Ashworth was working at a Huntsman Petrochemical Corp. refinery attempting to rearrange the rail cars when one of the cars rolled and entangled his right leg, servering it below the knee.  Huntsman was originally names in the suit, but was dismissed after granting Ashworth worker's compensation benefits totaling around $290 thousand. 

Another defendant in the case, Rescar, Inc., an affiliate with Railserve, motioned to appeal Huntsman's summary judgment but dropped the appeal after reaching settlement with Ashworth.  This now leaves Railserve, Inc. as the only defendant in the case, and Ashworth continues to pursue a Federal EMployer's Liability Act claim alleging that his employer, "failed to provide him with a safe place to work and failed to comply with government regulations."

If you are a rail worker who suffered an injury on the job, and you feel your employer was responsible, contact the experienced FELA Lawyers of Page Cagle law firm in St. Louis.  Our knowledgeable legal team can answer all you questions and help you get compensation for lost wages, medical expenses, and more.