Our Team of Lawyers

About Our Firm

We are honored that thousands of clients have sought our representation in their legal affairs. Our firm consists of lawyers licensed to practice in Texas, Louisiana & Mississippi. In addition to these states, we provide representation to clients in various other parts of the country with proper local co-counsel associations.
Learn more about us

No Obligation, No Cost, Contact Us Today

Free Case Evaluation

Map 1

Baton Rouge7908 Wrenwood Blvd
Baton Rouge, LA 70809

Phone: 866-208-9311
Fax: 866-208-9311

Map 2

Lake CharlesCapital One Tower
Suite 1270
Lake Charles, LA 70629

Phone: 866-208-9311

Map 4

Houston3730 Kirby Drive
Suite 1200
Houston, TX 77098

Phone: 866-208-9311

Map 5

New Orleans1615 Poydras Street
Suite 900
New Orleans, LA 70112

Toll Free: 866-208-9311

Update: Simien & Simien, LLC is open and we are here to help you as we know your needs do not stop. The firm is currently open and operating. In light of current public health concerns, please know that we are following all health guidelines to protect both our team and our clients. We are offering virtual meetings by request.

Attorneys Serving Louisiana, Texas and Mississippi

Differences Between FELA and Workers’ Compensation

railroad-workers-on-track-blog.jpg

Most employees who are injured on the job are covered by Louisiana’s workers’ compensation laws. However, if you are a railroad worker, you are covered by the Federal Employers’ Liability Act (FELA).

There are key differences between FELA and the Louisiana workers’ compensation system. Our experienced Federal Employers’ Liability Act attorneys in Baton Rouge explain some of these differences below.

If you are a railroad worker who sustained an on-the-job injury, contact us to discuss your claim in a free, no obligation consultation. We have a detailed understanding of FELA and how it applies to the specifics of your claim.

Negligence

One of the main differences between FELA and workers’ compensation laws is the role of negligence.

In a workers’ compensation claim, the injured worker does not have to prove that the personal injury was caused by the employer’s negligence to recover compensation.

However, FELA requires the injured employee to prove that his or her employer was negligent and the employer’s negligence caused, at least partially, the employee’s injury or illness. If you cannot establish negligence, you will not be able to recover compensation.

Contributory Negligence

FELA also considers the injured employee’s role in the incident that caused the injury. If you are found to be partially at fault, your compensation award will be reduced proportionately to your degree of fault in the matter. In other words, if you are 20 percent at fault, your award will be reduced by 20 percent.

Filing a Claim

Workers’ compensation claims are essentially insurance claims. However, FELA claims are civil cases that are resolved in a courtroom.

In either case, it is to your advantage to have an attorney at your side. An attorney has in-depth knowledge of relevant laws and how to advocate for your best interests every step of the way.

Types of Compensation

Both FELA and workers’ compensation claims provide compensation for reasonable medical expenses and past and future lost wages. However, FELA allows you to pursue several forms of compensation that are not available in the workers’ compensation system, including:

  • Physical pain and suffering
  • Mental and emotional pain and suffering
  • Permanent partial disability
  • Total disability

Another difference between workers’ compensation claims and FELA claims is the amount of compensation you can receive. FELA claims are decided in a courtroom, and there is no cap on compensation. This means there is no limit to the amount of compensation an injured railroad worker could recover.

However, in a workers’ compensation claim, many of the available forms of compensation have predetermined limits. For instance, temporary total disability is equal to two-thirds of your average weekly wage, up to a maximum amount set by law.

Contact Our Lawyers Today

If you are a railroad employee who was injured on the job, our experienced attorneys are prepared to file a claim under the Federal Employers’ Liability Act and guide you through the entire process.

We offer a free, no obligation case consultation to discuss your claim. We do not collect legal fees unless you recover the compensation you deserve.

FindLaw Network

Free Case Evaluation

Latest From Our Blog

If you are looking for a law firm that has knowledge and experience, you will find it with Simien & Simien, LLC.

Free Case Evaluation

Our team of dedicated Louisiana, Texas and Mississippi attorneys represent injured persons throughout Louisiana, including Alexandria, Opelousas, Baton Rouge, Lafayette, Lake Charles, Houma-Thibodeaux, New Orleans, Shreveport, Monroe, and throughout Mississippi and areas of Texas including Orange, Beaumont, Port Arthur, Austin, San Antonio, Dallas, and Houston and the other metro areas.