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 $80 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.