Florida Railroad Accident Lawyer
In 1908, Congress passed the Federal Employers’ Liability Act (FELA) in order to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents.Unlike workers’ compensation claims, FELA has a fault-based system in which a worker must be able to prove negligence on the part of a railroad employer, associate, or equipment manufacturer and that the negligence directly led to injuries.
FELA uses comparative negligence, meaning that even if you were somewhat responsible for your accident, your claim won’t be barred. In fact, you can be mostly at fault and still recover damages with a FELA action.
What types of injuries do railroad workers suffer?
An injury must occur within the course and scope of a railroad worker’s employment in order to be covered under FELA. Such injuries can include, but are not limited to:
- Hearing loss
- Back and neck injuries
- Asbestos exposure
- Shoulder injuries
- Knee injuries
- Traumatic brain injuries
- Bone fractures/breaks
- Repetitive motion injuries
- Heavy lifting injuries
- Slip and fall injuries
Due to the inherently dangerous nature of railroad work, injuries sustained on the job can be catastrophic. Illnesses as a result of toxic chemicals can be long-term and deadly.
What damages can I recover under FELA?
FELA is the exclusive remedy in any action brought by a railroad employee against his or her employer. Because FELA requires railroads to exercise reasonable care to provide every railroad employee a safe place to work, failure to do so can result in negligence claims against them. Under FELA, railroad employees may be able to recover the following damages due to on-the-job injuries:
- Lost earnings, both past and future
- Medical expenses
- Pain and suffering
- Payment for a reduced ability to work due to the injuries suffered
Railroad employers are under no obligation to pay compensation unless ordered by a court. This means that you will need to file a lawsuit to recover damages. It is important to work with a law firm that is familiar with FELA and the criteria necessary to recover damages in a negligence claim against a railroad.
Speak with the experienced Ft. Lauderdale Railroad Worker Injury Lawyers from Wolf & Pravato in order to ensure that your rights are protected. Justice is not automatic; we will fight for you.
Call the Fort Lauderdale workers’ compensation attorneys from Wolf & Pravato at 1-954-633-8270 or fill out our online contact form.