Train Accident Hot Topics

FELA Injury

With 200,000 miles of railroad track, over 1,000,000 freight cars, 20,000 locomotives and almost 90,000 track miles of signal/train control systems, railroad accidents occur 3,000 times per year and cost about 1,000 lives annually. A FELA injury attorney is an important asset to railroad workers compliance. While one railroad accident can kill hundreds of passengers, attention must also be paid to the number of railroad workers that are injured or killed on a much more frequent basis than we assume.

Are you seeking the help of a FELA injury attorney to help with your case?  If so, conact a FELA injury attorney in your area today! With the help of an experienced FELA injury attorney, you will be able to recover the compensation you are entitled to.

What is FELA?

Injured workers are protected by the Federal Employers’ Liability Act (FELA), which has been enacted as early as 1908. The FELA was passed by Congress with the intention to reduce the horrendous accidents that occurred in the railroad industry and at the same time, FELA was meant to promote uniformity in railroad equipment and railroad practices.

While state worker’s compensation provides benefits for workers on a no-fault basis, FELA, on the other hand, is based on the principle of fault. This implies that an injured worker must put forth evidence that the railroad in some way contributed to the injury.

Requirements

• Accident must have occurred in the scope of employment with the railroad
• The railroad must be engaged in interstate commerce between two or more states
• The railroad must have somehow contributed to the injuries

Liability

As FELA, again, does not fall under worker’s compensation, the focus of FELA is to provide a reasonable safe work place for all railroad workers. Therefore, liability must fall on the part of the employer in order to successfully make a claim for damages.

Negligence

Liability and fault can be attributed to the employer if negligence comes into play. For this reason, the injured worker needs to illustrate how the injury was caused by the employer’s negligence and failure to provide a safe work place.

Damages

Injured workers, who believe that the injury could have been prevented had the employer enforced adequate safety measures have the option of going to court in order to let a jury decide whether compensation is granted or not. FELA plaintiffs are able to receive the following damages:

• The nature and extent of the injury
• Past and future pain, suffering and general compensation
• Past and future loss of earnings
• Past and future medical expenses
• Mental injuries, such as emotional distress
• Compensation for the survivors of deceased worker

Are you seeking the help of a FELA injury lawyer to help with your case? If so, conact a FELA injury lawyer in your area today! With the help of an experienced FELA injury lawyer, you will be able to recover the compensation you are entitled to.

The Worker’s Rights

If involved in a railroad accident, the worker should seek medical attention immediately. At the same time, it is crucial to file your accident report immediately. However, claim agents might try to win more time and prevent the injured worker from filing a claim and it is therefore important to act quickly, as the only goal of the railroad insurance agent is to save time in order to build a better defense.

Injured workers have the absolute right to file a claim and take legal actions against the railroad. If you are a railroad worker and have been injured while performing your job, you might be eligible for monetary damages. If you have any questions concerning FELA injury cases, railroad accidents, or if you have any questions regarding your legal options concerning this matter, please contact one of our train accident attorneys in your area today!