Do you need a railroad lawyer? If you are an employee of a railroad company, the answer is yes! You may be entitled to additional compensation for injuries that were caused by your employer.
The Federal Employers Liability Act (FELA) provides workers with rights and remedies in the event they are injured while working on or near any train, locomotive, railway car, wagon, tender, steam engine, or other vehicle used in the transportation of passengers or property.
This article will guide you through what FELA lawyers do and why it’s important to have one when filing claims under this act.
Whenever you’re ready to learn more about these important topics, keep reading.
What Is FELA?
The Federal Employers Liability Act is a statute that was created in the late 1800s to provide an additional means of compensation for railroad workers who were injured while on or near trains.
The law protects employees from injury by providing them with a right to sue their employer for damages if they are harmed as a result of negligence, recklessness, intentional misconduct, defective products, and other causes related to work conditions.
The FELA is sometimes called “the world’s best worker’s comp system,” because it provides some relief without having employers bear all losses themselves.
Railroads have always been dangerous places where people could get hurt–and those injuries should not be met with a shrug, but instead should be taken seriously. FELA law is something every railroad worker should be familiar with, otherwise, they are putting their lives in danger for nothing.
Who Is A FELA Lawyer?
A FELA lawyer is a lawyer who specializes in railroad law.
FELA lawyers deal with FELA claims, which are when someone is injured while they work for a train company and want to sue their employer under the Federal Employer’s Liability Act.
FELA cases can be complicated because they’re not always straightforward situations where an employee was hurt at work. A claim might involve things like defective machinery or equipment that caused injury, dangerous working conditions, or perhaps even intentional misconduct by management.
Railroad employees have rights as well–including the right to bring lawsuits against employers if they were harmed on account of negligence, recklessness, intentional misconduct, etc.–and those lawsuits must meet certain requirements before proceeding through the court system:
- The Railroader must prove that they were exposed to a high degree of risk that was the fault of their employer
- The Railroader must also prove that this exposure caused injury or harm, and not just one person’s opinion
There are three categories for situations in which workers can claim FELA benefits: unreasonable risks, unsafe conditions, or even intentional misconduct.
To successfully bring suit against an employee who has been injured on account of negligence by management, railroad employees should consult with a lawyer.
A good lawyer will know these cases–including knowing how strict the requirements need to be before court proceedings take place–and can help protect your rights as well as determine what legal actions may be best suited based on specific circumstances. Hence, contacting an experienced lawyer will be your first step in getting FELA settlements.
When Do You Need A FELA Lawyer?
If you’re a railroad worker who has come across a nasty situation, you might require the assistance of a FELA lawyer. Here are some of the reasons you might want one:
First, if you have been injured on account of negligence by management or employees, a railroad lawyer can help protect your rights and determine what legal actions may be best suited based on specific circumstances
Second, injured workers are entitled to FELA benefits, but they need to know how long the statute of limitations is before filing a suit against an employee who has caused their injury.
If they don’t file in time, it could affect the amount of money awarded them during compensation negotiations with railroads. To avoid this situation entirely, consult a lawyer as soon as possible–you’ll probably want one even if you’re not sure whether or not someone’s negligence has led to your injuries!
Third, railroad lawyers can also look into situations where employees are subjected to unfair working conditions or are treated unfairly because of their race, age, or disability.
Fourth, railroad lawyers can also help you make the best decisions for your family if you die while on duty–things like who should be named as guardian and what assets need to be distributed among beneficiaries.
In any case, a railroad lawyer will want to speak with anyone involved in an accident so they can determine liability and conduct a thorough investigation of all potential parties responsible for any injury sustained by workers during employment.
When injured on the railroad, the odds are against you. Railroad accidents are among the most dangerous in America. One out of every six railroad employees experiences an occupational injury or illness annually, and one out of every 200 railway workers will die on duty during a typical year.
Now that you understand the importance of a FELA Lawyer, you are that much closer to deciding if you’d like to hire one. When it comes to injuries or situations of law, it’s important to take your time. Don’t rush it.
If you’re interested in learning more about the intricacies of law on a broader level, check out some of our other articles on the sidebar or down below. Law is a broad topic, but it can get quite specific.