Working around a railroad is dangerous. Railroad workers face the risk of suffering serious life-altering injuries every day. Moreover, when exposed to toxic fumes or even invisible asbestos fibers day in and day out, workers can contract lung cancer or asbestos-induced mesothelioma. Our railroad injury lawyers have a strong track record of successfully representing hundreds of railroad workers, including engineers, conductors, track maintenance, and shop workers.
If you’re a railroad worker who has sustained an on-the-job injury, our 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 Rights of Injured Railroad Workers Under the Federal Employers’ Liability Act?
The Federal Employers’ Liability Act (FELA) provides protection and compensation to railroad workers injured on the job due to negligence by the railroad company. Unlike workers’ compensation, FELA requires the injured worker to prove that the employer’s negligence played a role in causing the injury. This negligence can involve unsafe working conditions, inadequate equipment, insufficient training, or failure to comply with safety regulations.
Under FELA, injured workers can recover compensation for medical expenses, lost wages (past and future), pain and suffering, and other damages resulting from their injuries. FELA covers all railroad employees, including conductors, engineers, maintenance workers, and clerical staff, as long as the injury occurs during the course of employment. Workers may also file claims for occupational illnesses caused by long-term exposure to hazardous conditions.
What Steps Should Injured Railroad Workers Take After an Accident?
If you are injured on the job, the first and most important step is to seek immediate medical attention, even if the injury seems minor. Prompt treatment ensures your health and safety and establishes a medical record that may be critical in a FELA claim.
After seeking medical help, report the injury to your supervisor or employer as soon as possible. Document the circumstances of the accident, including the date, time, location, and any witnesses. Keep copies of any written reports or correspondence. It’s also helpful to take photographs of the accident scene, defective equipment, or any visible injuries.
Avoid signing any documents or giving recorded statements to your employer or their representatives without consulting a qualified attorney experienced in FELA claims. Your employer’s goal may be to minimize liability, which can impact the compensation you receive.
How Does a FELA Claim Differ From Standard Workers’ Compensation?
One of the key differences between FELA and workers’ compensation is the need to prove fault. In workers’ compensation cases, employees typically do not need to establish that their employer was negligent in receiving benefits. However, under FELA, injured workers must demonstrate that the railroad’s negligence, even if slight, contributed to their injury. This requirement can make FELA claims more complex but also allows for potentially higher compensation compared to workers’ compensation benefits.
Another significant difference is the scope of damages. FELA permits injured workers to recover for a wide range of damages, including full wage loss, pain and suffering, and loss of quality of life. On the other hand, workers’ compensation typically provides limited coverage for wage loss and medical expenses without considering non-economic damages like emotional distress.
FELA also allows injured workers to pursue their claim in either federal or state court, providing more flexibility in where the case is litigated. Workers’ compensation claims, in contrast, are usually limited to administrative hearings within state systems.
Do Injured Railroad Workers Need an Attorney to File a FELA Claim?
While it is possible to file a FELA claim without legal representation, doing so can significantly reduce the chances of receiving fair compensation. Railroad companies often have dedicated legal teams whose primary goal is to defend against claims and minimize payouts. Navigating the legal complexities of FELA claims, gathering evidence, and countering employer defenses can be challenging without legal expertise.
An experienced railroad injury lawyer can assess the strength of your case, gather the necessary evidence, and represent you in negotiations or court proceedings. They understand the nuances of FELA law, including proving negligence, calculating damages, and addressing common defenses raised by railroad employers.
How Can Your Railroad Injury Law Firm Help?
Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.
Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.