If you’re a railroad worker and you’ve been injured in an incident on the job, you may be entitled to file for compensation for your injuries and recovery through the Federal Employers’ Liability Act (FELA).
A big part of these claims is proving that the railroad company was negligent and that said negligence played some sort of role in causing the injury.
Categories for Railroad Company Negligence
In most cases, the railroad company’s potential negligence falls into one of these areas:
- Failing to create and maintain sufficient workplace safety rules properly
- Failing to train employees properly
- Failing to provide adequate equipment and tools, and
- Failing to provide an adequate workforce.
Railroad companies typically have the responsibility to provide a “duty of care” to protect their workers with sufficient safety equipment and training against injuries. While the “reasonableness” of what the company provides is up for debate, it can also be evident when the company failed to perform its safety duties.
Partial Fault Compensation Recovery
Even if you were partly at fault for the incident, you could still file a FELA claim. Should the claim head to court, a judge will determine how much you were at fault for the incident and assign an appropriate amount of damages relative to your assigned fault. This varies widely, and an aggressive railroad injury attorney can help advocate for as little assigned fault as possible.
Time Limitations for a FELA Claim
The statute of limitations for a FELA claim is three years from the date of the incident or when you know/should have known that you have suffered a work-related injury. If you do not bring your lawsuit within that amount of time, the court will likely throw out the case.
Rabb & Rabb, PLLC is proud to be a staunch defender of the rights of railroad workers across the Southwest. If you’ve suffered an injury and don’t know where to turn, know that you have an advocate on your side. Call (520) 888-6740 to learn more and schedule a free consultation.
