Practice Areas

1. FELA
   1. Railroad Worker's Injuries
2. Whistle-Blower Protection
3. Personal Injury
4. Product Liability
5. Trucking Accidents
6. Asbestos
7. Mesothelioma
8. Nursing Home
9. Toxic Tort / Chemical Exposure
10. Railroad Crossing Accidents
11. Motorcycle Accidents
12. Medical Malpractice
13. Wrongful Death
14. Traumatic Brain Injury
15. Pharmaceuticals
    1. Nuva Ring
    2. Ortho Evra
    3. Duragesic Pain Patch
    4. Bard Composix Kugel Mesh Patch
    5. Avandia
    6. Trasylol
    7. Fosamax
    8. Accutane
    9. Digitek (Digoxin)
    10. Reglan
16. Occupational Disease Division
    1. Asbestos
    2. Cumulative Trauma
    3. Diesel Fumes

CUMULATIVE TRAUMA CLAIMS

The Moody Law Firm, Inc. represent railroaders who have been injured at work. The Federal Employers’ Liability Act covers not only accidental injuries but also occupational diseases, including musculoskeletal wear-out claims, which constitute a significant
portion of our current caseload. “Wear-out” or “Cumulative Trauma” or “Repetitive Stress” injuries occur over time due to repeated exposure to some type of work place hazzard such as vibration or excessive lifting. These injuries include musculoskeletal disorders to the back, hip, neck, shoulders, knees and hands. Typically, these injuries require surgery and can often end a railroad career. The injured worker may have the right to recover for his lost wages, diminished earning capacity as well as pain and suffering.

The FELA’s statute of limitations is three years. In other words, the injured party has three years from the date of injury with which to file suit. Determining when this period begins to run in a cumulative trauma case can be difficult since the injury does not occur at any particular moment. It develops over time. Therefore prompt action on a potential claim is needed to determine when the statute of limitations may have begun in that particular case.

In general, the client must file suit to enforce his or her claims not more than three years after he or she knew or should have known of the injury and that the injury was likely related to railroad work. Predictably, the railroads often have a different view of when this period begins to run. In order to minimize the statute of limitation risk in these cases, an experienced attorney at The Moody Law Firm, Inc. will analyze the facts of each case to determine an appropriate filing deadline. Many railroad workers (and their doctors) assume these conditions are related to aging and normal degenerative processes when in fact they are related to years of repetitive work practices.

The Moody Law Firm, Inc. has successfully handled numerous cumulative trauma claims for most all railroad crafts.

 

Let our experience and resources work for you!

Contact The Moody Law Firm, Inc.
today for a free consultation.

Call Toll Free @ 1-800-368-1033