Recovering Compensation

Recovering Compensation for Railroad Injuries

How Much Is My FELA Claim Worth?

Have you been injured in a railroad accident? If the accident was the result of negligent actions on the part of the railroad company, you have a right to file a lawsuit to recover compensation. Railroaders are not covered by normal workers' compensation laws, but have legal protections in case of workplace injuries under the Federal Employers' Liability Act (FELA). The provisions of this law are unique, and you should only take legal action with the representation of an experienced nationwide FELA lawyer. Martin E. Jackson can help you during this difficult time. He has spent more than 26 years defending the rights of injured railroad workers and their families and has recovered over $50 million in settlements and verdicts.

The FELA provides that a railroad carrier is liable in damages to any employee who suffers traumatic railroad personal injuries, occupational diseases, or to the surviving spouse and children in cases of fatal accidents. It is necessary to prove that the accident was caused in whole or in part by the negligence of officers, agents or employees of the company or by defective or improperly maintained equipment. If the accident should have been prevented by the reasonable precaution of your employer, you likely have a claim.

Contact a Railroad Injury Attorney for FELA Claims

A settlement for an injured railroad worker should be carefully calculated to fully compensate him or her for their injuries. The medical expenses for emergency treatment, hospital care, surgery, pain medication and ongoing rehabilitative care can be considerable. It should also take into account lost wages, both in the present and in the future, especially if a permanent disability will force you to find alternative employment or to stop working altogether. FELA claims are more far reaching than workers' compensation, as they allow the injured worker to recover for pain and suffering, which can be considerable given the extremely painful nature of many railroad injuries. A wrongful death claim will take into account the family's loss of income, and while there is no provision for loss of consortium, you can make a claim on the pain and suffering your loved one experienced leading to death.

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