Our railroad injury lawyers have been handling cases for injured railroad employees for more than 35 years. Railroad workers are protected by a law called the Federal Employers Liability Act (FELA), a special act set up to protect railroad workers. Under this law, if an employee is hurt while he or she is working for the railroad and that injury is due in any part to the railroad’s negligence, the employee is entitled to recovery.
It’s important to investigate FELA cases quickly to determine the basis for any kind of negligence claim against the railroad. We have people call us all the time who want to know whether or not they have a claim to pursue under FELA. We’re happy to take those calls and talk to those people because we want to help them determine whether or not they have a case and whether we can help them.
If you’ve been hurt while you’ve been working for the railroad, the team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.
What Are the Requirements for Filing a FELA Claim?
The FELA is a federal law that protects railroad workers by allowing them to pursue legal action against their employers for injuries sustained on the job. Enacted in 1908, FELA was designed to provide a remedy for railroad workers who are injured due to employer negligence, filling the gap left by traditional workers’ compensation laws that typically do not apply to railroad workers.
To be successful in a FELA claim, the injured worker must demonstrate that their employer was negligent. This can include proving that the employer failed to provide a safe working environment, did not maintain equipment properly, or neglected to train employees adequately. Unlike workers’ compensation claims, where the employee does not need to prove fault, FELA requires proof of negligence on the part of the employer. This is one reason why it is important to have a personal injury lawyer who specializes in FELA advocating for you.
There is also a three-year statute of limitations from the date of the injury or the date when the worker became aware of the injury that applies to FELA claims. Act promptly to ensure that your claim is filed within this timeframe to avoid losing your right to pursue compensation. Your railroad injury lawyer can evaluate your case to determine if you are eligible to file.
What If I Was Partially At Fault for My Injury?
FELA uses the comparative negligence doctrine to determine compensation. If the injured worker is partially at fault for the incident, their compensation may be reduced in proportion to their level of responsibility. This contrasts with workers’ compensation systems, where fault is not considered.
What Types of Damages Are Available in FELA Claims?
Your FELA lawyer can pursue compensation for all medical expenses related to your injury, including hospital bills, surgeries, rehabilitation, and ongoing medical treatment.
If your injury prevents you from working, you may be entitled to compensation for lost wages during your recovery. This includes current income and any potential future earnings impacted by your ability to work.
FELA also allows for compensation for pain and suffering resulting from the injury. This can include physical pain, emotional distress, and diminished quality of life, which can be more challenging to quantify but are essential components of your claim.
If your injury impacts your ability to engage in activities you enjoyed prior to the accident, your railroad injury lawyer may seek damages for loss of enjoyment of life. This can include hobbies, social activities, and other personal interests that have been affected by your injuries.
How Can a FELA Lawyer Make a Difference in My Case?
It is highly advisable to consult with an attorney who specializes in FELA claims. An experienced attorney can guide you through the complex legal process, ensure you meet all deadlines, and help you gather the necessary evidence to support your case.
Your attorney will thoroughly evaluate your case, determining the strength of your claim and potential damages you may be entitled to receive. They will help you understand your rights and the nuances of FELA.
Your attorney will handle negotiations with your employer’s insurance company or legal representatives. Their expertise can be invaluable in securing a fair settlement that you are entitled to.
If a fair settlement cannot be reached, your FELA attorney may recommend taking the case to trial. They will prepare your case, including gathering additional evidence and witnesses to support your claim in court.
Can Your Personal Injury Law Firm Help?
Pursuing a FELA claim is crucial for railroad workers who have suffered injuries due to employer negligence. The FELA process can be complex, so seeking legal guidance early on can help you navigate the intricacies of your claim and work towards obtaining the compensation you deserve for your injuries and losses.
Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced FELA attorney. Let us help you seek the justice and compensation you deserve.