Different Types Of FELA Claims
Railroading is, and always has been, a dangerous occupation. That was never truer than at the turn of the century when railroad use was increasing at breakneck speed. As a result, Congress passed the Federal Employers Liability Act of 1908. That legislation provided victims of railroad worker accidents with legal recourse to obtain compensation for their injuries. Moreover, in fact, once railroad companies could be held liable for injuries to their employees through FELA lawsuits filed by a FELA lawyer, they began to place a greater emphasis on safety in the workplace.
However, newer safety standards have not eliminated railroad injuries to this day. There are numerous types of railroad injuries that employees can suffer due to railroad worker accidents. What has changed is that now, they have the right to contact their FELA attorney, file a FELA lawsuit, and prove the railroad company to be in some way at fault for the injuries. This “featherweight” burden of proof makes it easier for FELA attorneys to pursue and win FELA lawsuits for railroad worker accidents, no matter what type of injury it is.
Types of Railroad Injuries
There are a number of ways in which railroad worker accidents can happen and for which victims can ask FELA attorneys to represent them in FELA lawsuits. Some of those railroad worker accidents are isolated events that may occur because of negligence by the railroad company. FELA attorneys must be skilled in providing evidence of that negligence in order to win FELA lawsuits in those railroad worker accidents.
In order to receive the appropriate compensation, victims of railroad worker accidents must inform their FELA attorneys of their losses in those railroad worker accidents. Those losses can fall in three areas:
- Past and future medical expenses
- Past and future lost wages
- Past and future pain, suffering, and mental distress
The kinds of “date certain” railroad worker accidents that fall in this category can include
- Broken bones and fractures
- Exposure to toxic substances or asbestos
- Strains, sprains, or burns
- Amputations
Victims of railroad worker accidents can also suffer injuries from repeated motion, repeated exposure to chemicals, and worn out body parts. While these railroad worker accidents take place over a longer period, they are still covered under FELA statutes, and victims and their FELA attorneys may file FELA lawsuits to obtain compensation. These types of injuries can include
- Tinnitus from exposure to loud noises
- Lung cancer, emphysema, or chronic obstructive pulmonary disease
- Carpel Tunnel Syndrome
There is a three-year statute of limitations on FELA lawsuits, and a FELA attorney must be sure to calculate that date accurately and file within the limit. For these types of slow developing railroad worker injuries, FELA attorneys must file within three years of when they knew, or reasonably should have known, that there was an injury due to railroad worker accidents.
Finally, railroad worker accidents can include injuries as simple as slips, falls, and trips, and require FELA attorneys to file FELA lawsuits. These are also “date certain” events, and victims and their FELA attorneys have the right to file FELA lawsuits for these injuries as well.
The sad truth is, any of these railroad worker accidents can also lead to the death of the victims. In those cases, the surviving family members are eligible to contact FELA attorneys to seek compensation for the loss of income and support in the coming years. Families of those killed in railroad worker accidents need the services of a skilled FELA attorney to represent them in a FELA lawsuit just as much as injured employees do.
Filing FELA Lawsuits
Once railroad worker accidents have been diagnosed and treatment has begun victims and their FELA attorneys must be prepared to negotiate or argue their FELA lawsuits at the next level. While the burden of proof in FELA lawsuits is considered “featherweight,” there is a powerful defense against FELA lawsuits. FELA attorneys often must face defense efforts to prove a degree of comparative negligence. If the defense can prove that the plaintiff had some degree of liability for railroad worker accidents, they will reduce the amount of FELA lawsuit compensation for which they are liable accordingly. In other words, if the liability for railroad worker accidents is $100,000, and the FELA attorney is only able to prove that the defendant was 75% liable in the FELA lawsuit, the defendant will only be ordered to pay $75,000 in damages.
Concluding FELA Lawsuits
FELA attorneys often negotiate settlements of FELA lawsuits, when the defendant is willing to provide an appropriate amount of compensation to the victims of railroad worker accidents. If the FELA attorney is unable to reach a settlement, they may have to take their FELA lawsuit to court. That is why it is vital to retain skilled FELA attorneys to represent victims of railroad worker accidents.