I have been injured while working in a rail yard. What should I know about attempting to obtain compensation from my employer for my injuries?
FELA, the Federal Employers’ Liability Act, is different than workers’ compensation.
Workers’ compensation is a no-fault system that allows recovery of only a specific percentage of lost wages and payment of medical bills. It does not allow for any lawsuit or jury trial against an employer. A worker can recover even if at fault entirely.
On the other hand, FELA is far better in some ways because it places no ceiling or cap on the amount of damages that may be recovered. On the other hand, it follows common-law negligence principles and requires that a worker prove one or more of the following:
If the injury to the worker is a result of negligence or carelessness of any officer, agent or employee of the railroad, or the worker’s injury is caused by any defect in the cars, engines, appliances, machinery, track, roadbed or any other equipment of the railroad, the employee may recover damages.
If the worker is hurt as a result of a railroad violation of a relevant safety statute, either state or federal, the worker is entitled to recover damages.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.
Many railroad workers are led to believe that when a worker is hurt on the job he or she is automatically entitled to compensation. Most railroad claims agents will tell an injured railroad worker that compensation is simply a percentage of the time or wages lost, but this is totally false. Railroad workers are protected by the Federal Emploers’ Liability Act, or FELA, which provides that workers can settle with, or sue their own railroad employer and FELA permits a jury trial if desired. A jury may award past and future lost wages, past or future medical expenses not covered by the employer’s health insurance, pain and suffering, permanent impairment, and other damages. The claim that a worker is only entitled to wages lost is simply not true. Also, if a railroad worker is injured or killed at work, survivors or the estate in a death case are entitled to recover most all of the damages outlined above.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks.
This is a fairly tough question to answer in a couple sentences, and that’s one of the reasons you must retain an experienced railroad injury attorney.We have developed many ways to show evidence that asbestos insulation was on all steam and diesel engines, a component of brake shoes and an insulating material on cabooses for many years, We have also been able to prove asbestos insulation was used in many yard offices or buildings, including old roundhouses. Many industrial hygienists and industrial safety experts we bring in to provide expert testimony also understand where asbestos was located. On diesel engines, there was extensive asbestos insulation and the engine cab heaters often blew invisible but dangerous asbestos inside the small crew cab area.Moreover, we sometimes our clients to medical doctors who have experience diagnosing and treating people exposed to asbestos and who can determine whether certain lung diseases are connected to asbestos. In cases involving lung cancer, mesothelioma and other cancers, we are always seeking out the top professionals in order to make analyses.About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple: “All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an attorney about your potential injury claim for free, please contact our office at (833) 997-1774.
No, unless you explicitly agree to let the other person accompany you.In all instances, any meeting with a doctor for the purpose of receiving medical care is confidential and privileged. The only way a third party such as a railroad claims agent or workplace supervisor can attend such a meeting is with the patient’s — that is, with your — consent.The nature of the meeting makes no difference. It does not matter if the doctor is taking X-rays, performing MRIs, administering therapy or simply discussing your condition and care. Without a signed waiver from you, as the patient, no one from the railroad should be in the exam room or doctor’s office with you.Now, you can waive patient-doctor privilege and allow company representatives to join you when you meet with your doctor, so carefully read any medical or legal forms the company hands you. Do not sign any agreement you do not fully understand and feel comfortable about. If any documentation includes a waiver of patient-doctor privilege, be sure you have a clear understanding of the extent of the information you are potentially disclosing. Also ask how you can revoke the waiver.The focus of any medical treatment given following an on-duty injury should be on helping the patient recover. Therefore, only the patient and doctor should be involved when care is provided. There will be times when the doctor’s records and opinions need to be revealed to the railroad and governmental agencies such as the U.S. Railroad Retirement Board in order to verify a disability status. But those times come long after the actual treatment and therapy sessions.When you do need to release your medical records to provide evidence of claims or to receive compensation, make sure you understand how the company or organization you give access will use the information and with whom they will share it. Also ask for copies of the disclosed records so you can confirm that your recollection of events and current health status match what your doctor is telling third parties.Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.