Understanding How the Federal Employer’s Liability Act Applies to YouAdmin2021-07-09T07:24:49+00:00
Understanding How the Federal Employer’s Liability Act Applies to You
Lawyer for Railroad Worker Injuries and FELA Claims
Before state workers’ compensation laws were established, Congress enforced policies that solely protected the rights of railroad workers through the Federal Employer’s Liability Act (FELA). Through this federal law, injured employees can seek damages in court for accident-related injuries that occurred on the job. Likeconstruction accidents, the severity of your injury can weigh in significantly on your livelihood, as damages from a locomotive crash are rarely small. Abodily injury lawyer in Los Angeles is aware of the hidden dangers ranging from a speeding 150-ton train to the railway’s electrified rails.
What is FELA?
The Federal Employers’ Liability Act was passed in 1908 to provide a form of compensation and protective rights to railroad employees. While FELA is like a workers’ compensation claim, there is a key difference that you must understand before applying. In a workers compensation claim, an injured employee does not have to prove that an employer’s negligence caused your injury. Victims ofworkplace injuries in a factory or industrial setting, for example, simply need to show the injury that occurred on the job.
In a FELA claim, an employee is required to prove that the employer was negligent, and because of that negligence, they sustained injuries. As a result, filing a claim is a more complicated and complex process. Since there is a lot at stake, like the quality of your livelihood, we recommend retaining anattorney for metro accidents in Los Angeles. The railroad company is more likely to take your claim seriously when you have a legal professional on your side to ensure your rights are protected. Additionally, you are safeguarded if your employer tries to retaliate against you for requesting what is owed to you.
What Damages Can Be Recovered in a FELA Claim?
The damages you might be able to retrieve as an injured employee also differs from a workers’ compensation claim as well. It is limited to medical expenses, lost income, and disabilities. Read on for a list of damages recoverable through FELA:
Past and future medical expenses
Past and future loss of income
Pain and suffering (physically)
Emotional and mental tolls
Loss of earning capacity
Permanent disability (partial or full)
When you retain a lawyer for train accident injuries, they will fully analyze your case to determine how much it will be worth in court. Without a detailed interview, an investigation into your prognosis, and legal insight on state and federal laws, you may not receive full coverage. When a railroad worker pursues a lawsuit against the company, it occurs in state or federal court. Though for workers compensation claims, it is handled in workers compensation court or state industrial court.
What Type of Injuries Can FELA Cover?
While it may not feel like it at the moment, the fact remains that you survived a train accident. Most victims recall experiencing an enormous pressure pushing them back and forth from their seats or as they navigate through the aisles. Unfortunately, there is no way to expect what could happen when a trail collides, crashes, or derails. A few common injuries one can sustain are:
Repetitive motion injuries like tendonitis
Traumatic injuries to your brain, joints, muscles, and bones
Occupational diseases ranging from cancers to hearing loss
Conditions that accelerate pre-existing health concerns
Proving Railroad Negligence
To win a FELA claim, you must be able to show that the railroad company was negligent, and your injury was because they acted without a duty of care. Though you can, you should not go at this alone, as there can be multiple defendants in your case. Instead, have your lawyer for recent train accidents facilitate communication with opposing parties. A railway can be negligent in several ways, but there are only a few categories acts can fall into:
Inability to enforce workplace safety rules
Failing to train employees on safety standards and procedures
Not providing equipment and tools needed for the job
What Happens to Employees That Party Caused an Accident?
Whether your actions played a role in causing an accident an injury attorney in LA would strongly advise against admitting to fault. Just as you are not obligated under any law to provide an oral or written statement to the railroad when you get hurt, you do not have to speak up about your involvement without legal guidance. The court will factor in your share of fault when determining the number of damages you will receive through FELA. If, for example, the court finds that you were 30% of the fault, that percentage will be deducted from what your damages amount to.
The Statute of Limitations
In California, you have three years to bring a lawsuit under FELA from the date you were injured. The statute of limitations is set by federal law, meaning you won’t be able to file for an extension beyond the mandated timeframe. If you are unable to act within three years your claim will be denied, and you will not receive any form of financial restitution. Keep in mind, the date of injury is easier to determine if it is a bone fracture or related wound. However, hearing loss, cancers, or concussions appear over a few weeks or months. It can pose a complication for your case, especially as time lessens. In the end, as long as you can show that you’ve suffered an injury and it was work-related you have a chance to win.
Set Up A Free Consultation with a Metro Accident Law Firm
“When it comes to getting you more, I won’t settle for less.” – David Grey
When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:
Nursing Home Abuse
Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email email@example.com.
Contact a Train Accident Lawyer Los Angeles
If you have been involved in a train accident, you should never wait to contact a personal injury lawyer Los Angeles. The longer you wait, the more of a risk that you run in preserving evidence. It is important that you get in contact with an attorney as quickly as possible, so that your lawyer can work on your case and get you the justice and compensation you deserve. We will work diligently to identify all the parties responsible for your injuries.
We will handle everything from finding the responsible parties, preserving evidence, talking to witnesses, hiring reconstruction experts, negotiating with insurance adjusters and train companies, and so much more.
Let us help you from start to finish. We offer free consultations and work on a contingency fee basis, which means you do not have to pay a thing unless we win!
Boating, swimming, surfing, and jet skiing are favored and popular pastimes in California. But unfortunately, negligent behavior can turn into a tragic situation. That was the case for five passengers, including 19-year-old Mallory Beach, who [...]
Greg Knapp died five days after a fatal bike accident that left him in critical condition this summer. A driver struck the 58-year-old assistant coach in Danville, California, mid-day on July 22. Knapp was beloved [...]