Railroad Worker Injury Attorney Overview

Lawyer Representation in FELA Claims

When an employee is injured on the job, they are typically eligible to receive workers' compensation that will cover the costs of medical care and address any temporary or permanent disability that affects their ability to continue earning an income. However, railroad workers who are injured may need to seek compensation through other methods.

If you are a railroad employee who has been injured while working, you should contact an attorney who is experienced in the federal laws that protect railroad workers. A skilled lawyer can help you meet your requirements for filing a claim, ensuring that you are able to receive the compensation you deserve.

Railroad Injury Claims

Railroad workers are twice as likely to suffer a fatal workplace accident than workers in other industries. The Federal Employers Liability Act (FELA) requires railroad employers to provide a reasonably safe workplace for their employees, and it allows workers to bring a claim against their employer if they are injured because of an employer's negligence (which can include failure to follow safety regulations, failure to provide proper training, or use of faulty equipment or tools).

While workers' compensation allows an employee to receive benefits regardless of who was at fault, FELA claims require a worker to demonstrate that their employer was at least partially responsible for their injury. FELA cases use the doctrine of comparative negligence, which means that each party may be responsible for a percentage of the damages suffered based on how much they were at fault for the injury. For example, if an employer is found to be 75% at fault for an injury, they will be required to compensate the worker for 75% of the total amount of the worker's damages.

Damages in FELA claim may include the costs of medical care (including any ongoing treatments or rehabilitation), lost wages (including impairment to a worker's ability to continue earning the income they made prior to their injury), and physical and mental pain and suffering. Since workers' compensation claims do not allow a worker to pursue compensation for pain and suffering, FELA claims often result in a larger award for an injured employee.

While railroad injury cases share some similarities with personal injury and workers' compensation cases, they have their own unique complications due to the federal laws that apply to railroad workers. If you have been injured while working in a railroad job, it is important to work with a lawyer who is experienced in filing FELA claims. An attorney can help you understand your rights, demonstrate liability for your injuries, and work with you to obtain the compensation that will help you recover from your injuries.