Railroad Worker And I Was Injured On The Job. Can I Recover Damages For My Injuries From My Employer?

Before 1908, railroad workers had very dangerous jobs without the benefit of sufficient means to protect themselves and win compensation for injuries, illnesses, and, for some families, even wrongful death.  However, in 1908, the Federal Employers Liability Act (FELA) was established to protect employees injured in railroad worker accidents by providing an opportunity for them to retain FELA attorneys to recover damages. 

Railroad worker accidents can occur for any number of reasons, and some injuries can occur without an accident.  Physical stress, emotional stress, and constant exposure to toxins may also result in employee injuries In addition, railroad worker accidents do not have to take place on company property to fall under the purview of FELA lawsuits.  As long as employees suffer railroad worker accidents performing duties for their employer, they should contact an attorney and discuss their options for filing a lawsuit.  They must, however, be sure their attorney files their lawsuit before the statute of limitations allowed under FELA regulations, which is generally three years from the date of railroad worker accidents.  For railroad worker accidents resulting from repeated use or exposure, consult your attorney to determine when the statute of limitations begins for such a lawsuit.

Obtaining Compensation
FELA regulations require that employees who suffer railroad worker accidents must be able to prove that their injuries were due to negligence on the part of their employer.  The requirement is considered a “featherweight” burden of proof, since an attorney must only prove a minor amount of negligence, just enough to have caused the injury, in order to win damages. 

The worker need not work around trains themselves to have a lawsuit for their railroad worker accidents.  As long as they were an employee of a railroad company, they are protected under the FELA Act and can have their attorney file a claim. 

Victims of railroad worker accidents are not limited to filing FELA lawsuits against the railroad company, either.  If railroad worker accidents are caused by faulty equipment, victims may file similiar FELA lawsuits against equipment manufacturers.  If, on the other hand, the railroad worker accidents were caused by fellow employees, their railroad worker injury attorney may also determine have grounds to file a lawsuit.

A FELA attorney can file lawsuits to obtain compensation for medical expenses, pain, suffering, mental distress, and lost wages that result from railroad worker accidents.  And while the “featherweight” burden of proof is less than is normally required in negligence suits, it can be mitigated by a “comparative negligence” defense presented by the defendant.  If railroad companies can prove that the victims of railroad worker accidents were in any way negligent and responsible for their own injury, the employer will have to pay less than full compensation.  They will only pay the percentage of compensation the court determines is their responsibility.

Under “comparative negligence” in a FELA lawsuit, if the court determines that the railroad company was 75% liable for railroad worker accidents and the victim was 25% liable, in a settlement of $100,000, the railroad company would have to pay the employee $75,000.  It is vital to consult a FELA attorney to investigate, provide expert witnesses, and mount an effective case in order to prove the appropriate amount of negligence for railroad worker accidents and ensure the correct amount of compensation for the victim.

Filing a FELA Lawsuit
Those who have suffered railroad worker accidents have a number of steps to take in order to file a claim receive compensation for their injuries.

• As soon as possible, a report of all railroad worker accidents must be filed with the railroad company and/or the supervisor of the victim.
• Most employers will ensure proper medical attention for all railroad worker accidents, but if they do not, the victim should call their own doctor and make sure they receive treatment. 
• It is important to keep a detailed report of what happened, any witnesses, what medical care has been or is being received, and all legal and official contacts and forms that apply to railroad worker accidents for the employee’s records, as well as for the benefit of a FELA attorney that may be filing a FELA lawsuit or claim. 
• It is also important to note the missed days or wages from work so that a FELA attorney can include compensation for that time in a lawsuit or claim.
• If there is a union at your workplace, contact the union representative and provide them with all the details of railroad worker accidents or injuries.
• Find a skilled and experienced attorney immediately.  There is a three-year statute of limitations on most FELA lawsuits

Valid Claims
FELA lawsuits are detailed cases that often required investigation, evidence, and even expert witnesses in order to produce a winning result.  FELA attorneys are generally skilled at filing the appropriate claims and negotiating appropriate compensation.  However, without an experienced railroad worker injury attorney, cases have been known to have been rejected due to improper filing.  One 2008 case faced just such a situation.  After months, and sometimes years, of preparation, it would be heartbreaking to have a legitimate suite rejected due to FELA attorney errors.