Railroad Litigation Attorneys

Florida’s Railroad Litigation Team Since 1974: Union-Designated & ARLA-Led

Since Rossman, Baumberger, Reboso & Spier, P.A. was founded in 1974, we have represented injured railroad workers, victims of railroad accidents, and the families of those lost. Railroad and FELA (Federal Employers’ Liability Act) cases are a particular focus for co-founder and partner Charles H. Baumberger, the son of a former rail worker who has represented railroad workers for most of his 40+ year career. Partner Howard A. Spier has represented railroad employees and accident victims for over three decades, is a former president of the Academy of Rail Labor Attorneys (ARLA), and currently serves as an ARLA Director. He holds a Martindale-Hubbell AV rating and has been recognized as a Super Lawyer by Florida Super Lawyers Magazine and a Top Lawyer by South Florida Legal Guide.

The firm is also designated legal counsel in Florida for SMART-TD, the Transportation Communications Union (TCU), the Brotherhood of Railway Signalmen (BRS), and the International Brotherhood of Electrical Workers (IBEW). Through Howard Spier’s ARLA membership, he is recognized as a recommended attorney for members of the Brotherhood of Locomotive Engineers and Trainmen (BLET). Our attorneys have been called upon to address the rights of rail accident victims and injured railroad employees before legal and union groups throughout the region.

Contact us online or call (305) 900-5493 for a free consultation. We represent railroad workers and accident victims throughout Florida and the Southeastern United States.

How FELA Differs from Workers’ Compensation

Standard state workers’ compensation laws don’t apply to railroad employees. FELA is the exclusive federal remedy for railroad workers injured or killed on the job. Under FELA, the injured worker must show that the railroad’s negligence played some role in causing the injury. The threshold is low. Even a slight contribution by the railroad may be enough to establish liability.

FELA also follows a comparative negligence model: If a worker shares some fault for what happened, their recovery is reduced proportionally rather than eliminated. Claims may be filed in either state or federal court. The categories of compensation available are broader than what workers’ comp typically provides. A successful FELA claim may recover full lost wages, unreimbursed medical expenses, pain and suffering, and loss of quality of life. In fatal cases, surviving family members may pursue a wrongful death claim under FELA, typically through an appointed estate representative, to recover economic and other losses.

For more information and answers to common questions, see our publication: Railroad Workers - Know Your Rights!

Railroad Injuries & Accident Claims We Handle

We represent both railroad employees and non-railroad workers injured in railroad-related accidents throughout Florida and the Southeastern United States.

Railroad Employee Injuries

For railroad employees, covered claims include traumatic injuries such as broken bones, spinal injuries, and brain injuries; repetitive stress and cumulative trauma injuries from years of physically demanding work; hearing loss from prolonged noise exposure; and occupational diseases linked to chemical exposure, including asbestos, diesel fuel, and industrial solvents. FELA’s reach extends to nearly any railroad employee regardless of job function, not only those who work directly on or around trains.

Railroad Crossing Accidents

Railroad crossing accidents are open to anyone injured at a grade crossing, not just railroad employees. When a railroad fails to provide adequate signals, gates, or warnings, it may be held liable for the injuries or deaths that result. Whether you were hurt at a crossing or suffered an on-the-job injury, we can evaluate your situation and identify the legal remedies available to you.

Protecting Your FELA Claim from the Start

FELA imposes a three-year statute of limitations. For a traumatic injury, the clock typically starts on the date of the accident. For occupational diseases and cumulative trauma injuries, it starts when the worker knew or reasonably should have known the condition was work-related. Missing that deadline can permanently bar any right to compensation, regardless of how serious the injury is or how clear the railroad’s negligence is.

Steps matter immediately after an injury. Report the injury to a supervisor and file a written injury report. Seek medical attention from your own physician rather than the railroad’s doctor. Collect the names and contact information of any witnesses, and ask that your employer preserve all evidence related to the accident. Don’t give a recorded statement to the railroad’s claims department or agree to any characterization of what happened before speaking with an attorney. Railroad companies routinely deploy their own lawyers, investigators, and claims representatives shortly after an injury is reported. The earlier you involve our team, the better positioned your claim may be.

Field Investigators Across the Southeast

Our railroad division is supported by a network of field investigators who bring direct railroad industry experience throughout the Southeast:

• Danny Cockrell: Augusta, Georgia
• Dewayne Bell: Jacksonville, Florida
• Junior Lindsay: Miami/Ft. Lauderdale, Florida
• Timothy Todd Welch: Sumter, South Carolina

That regional presence means we can move quickly when evidence needs to be gathered and witnesses need to be reached.

Call (305) 900-5493 or contact us online to speak with our railroad litigation attorneys. We offer free consultations and represent clients throughout Florida and the Southeastern United States.