Injured railroad workers can receive compensation for their injuries under the Federal Employers Liability Act, which was enacted in 1908. FELA was passed to benefit and protect the rights and safety of hardworking railroad workers. The statute was designed to make railroad work safer, but it remains a dangerous profession today. There are hazards inherent to railroad work, and railroad companies still disregard their employee’s safety. Because of this, injuries result. Under FELA, railroad workers can receive compensation for their injuries if the worker can prove that the railroad was at least partly legally negligent in causing the injury.
Although the protections of FELA seem similar to workers’ compensation insurance, there are differences that change the process of recovering compensation for an injury. As mentioned, FELA is a fault-based system—the injured worker must prove that his or her injury was caused in whole or in part by the negligence of a railroad employee, its agent or contractor, or from a faulty piece of equipment. If the injured worker can prove this, he or she has the right to damages in either state or federal court, which is not an option for workers’ compensation claimants. The Krause & Kinsman Law Firm handles all types of railroad accident cases where a worker has been seriously injured, including those involving workers who:
- Fell from a rail car
- Lost an arm or leg that was caught in machinery
- Ran over by a train or other vehicle
- Suffered illness from exposure to toxic chemicals
- Suffered a back injury loading cargo
- Tripped on equipment or debris in the rail yard
- Were electrocuted
- Were hit by a train
Due to the nature and demands of working in a rail yard, many injuries are serious and catastrophic, or even result in death. Finding the railroad at fault, however, is never a straightforward process. The attorneys at the Krause & Kinsman Law Firm investigate their client’s injuries to the fullest extent in order for their clients to receive the maximum compensation that they deserve. If an employer is found to be responsible for your injury, you and your loved ones may be entitle to compensation for:
- Complete Vocational Evaluation
- Disability Pay
- Disfigurement
- Emotional Pain and Suffering
- Funeral Costs
- Loss of Benefits
- Loss of Earnings
- Loss of Quality of Life
- Past and Future Medical Expenses
- Past and Future Wage Loss
- Physical Pain and Suffering
- Scarring
- Vocational retraining, if necessary
If you or a loved one has been injured while working in a rail yard it is imperative that you seek an attorney who will keep the railroad company from downplaying their role in the accident. Far too often do railroad companies try to discourage injured workers from hiring an attorney. Don’t rely on the claims department. They are working for the railroad’s interest—not the worker—and will try to quick-settle your claim so you will not recover all of the compensation you are entitled to. Our firm will advance all expenses for your case and protect your rights. We don’t get paid unless you get paid. Call us today for a free consultation.
