Protecting Your Legal Rights When You Have Been Hurt on the Job
Even though railroad operations throughout the United States are highly regulated, working for the railroads continues to be one of the most dangerous occupations in the world. Railroad workers can be at risk for a wide range of potentially serious and/or catastrophic losses, including burns, crush injuries, electrocution, broken bones, permanent scarring or disfigurement and spinal cord or traumatic brain injury (TBI). Because of the inherent danger associated with employment on the railroads, Congress enacted a specific statute, the Federal Employers Liability Act (FELA) that includes protection for injured railroad workers.
Why File a Claim under FELA?
As an injured railroad worker, you could seek benefits under your state’s workers’ compensation laws. However, FELA allows an injured railroad worker to file a personal injury lawsuit against an employer. In such a claim, the injured worker will not be subject to the limits on compensation imposed by the work comp system.
What Steps Should You Take after a Railroad Injury?
Your first response after any type of personal injury, including one sustained while working for the railroad, is to immediately seek any necessary medical attention. The longer you wait, the greater the risk of medical complications, but also the greater the risk that you’ll compromise your claim by sustaining a separate injury. If that happens, you may have difficulties proving your claim under FELA.
It’s important to notify your employer of your injury as soon as possible. However, you will likely best be served by hiring an experienced attorney as soon as possible, preferably before providing full disclosure to your employer. Any information you provide your employer may later be used against you, so you want to be careful what you say (and what you might potentially admit). Your attorney can be your liaison with your employer, ensuring that you don’t compromise your claim in any way through your disclosure to your employer. Your employer will customarily have an accident report form that you’ll need to complete. It’s best to work with an experienced attorney when you complete this document.
In addition, your attorney will know exactly how to file a claim under FELA. It’s not the same thing as filing a state or federal workers’ compensation claim. It’s also somewhat different from a standard personal injury lawsuit.
Once you have notified your employer, there will typically be a period where both sides conduct a thorough investigation of the facts and circumstances of the accident. That’s because, unlike a work comp claim, where there’s no need to establish fault, a FELA claims requires that show that your employer was negligent. Common examples of what might qualify as negligence in a FELA claim include improper or inadequate training of workers, failure to provide necessary safety gear, and failure to ensure that necessary safety procedures are in place or being followed.
Once the investigation is complete, either side may seek to settle the claim. If it cannot be settled, the case will go to trial, much the same as any other type of personal injury lawsuit.
Contact the Proven Railroad Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have aggressively protected the rights of personal injury victims across the state of Texas for over 40 years, including railroad workers who have suffered an injury on the job. We have a comprehensive understanding and knowledge of the federal laws governing railroad worker injury claims and will make certain that all documents are accurately and timely filed. We will be your advocate throughout the legal process, from the investigation of your claim to the final resolution of your lawsuit. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
