It’s no secret that working on the nation’s railroad is one of the most dangerous jobs. However, this is also some of the most important work, as it ensures the nation’s economy can thrive by transporting goods and commuters. Unfortunately, those who work in these dangerous positions may be unfamiliar with their rights, which can impact them in the event they sustain an injury due to their employer’s negligence. If you have been hurt, you may hear the term “assumption of risk” from your company. This blog explores what you should know about these matters, if they apply to FELA claims, and why working with a FELA lawyer is imperative if you’ve suffered damages.
What Is Assumption of Risk, and Does This Impact My Ability to File a FELA Claim?
“Assumption of risk” is a negligence standard in which the negligent party will claim that the person who sustained an injury should have known that what they were doing could lead to risk. As such, the defendant will claim they cannot be held liable because the injured party continued the activity despite knowing the risk it could lead to.
A successful example of this standard would be a fan who sustains a concussion after being hit by a foul ball while attending a baseball game. Because the party understands that foul balls are a part of the game, the stadium and team cannot be held liable if a foul ball hits and injures a spectator.
However, it’s imperative to understand that the assumption of risk standard does not apply to FELA claims. In fact, it’s been clearly stated that an employer cannot maintain unsafe working conditions and then blame injured workers for assuming the risk of the job should they sustain an injury. If an employer is negligent and leads to a worker sustaining an injury, the worker is within their right to pursue a claim even if they knew the risk before accepting the job position.
Should I Contact an Attorney if I’m Hurt on the Job?
In the event you are injured while working for a railroad company, the most important thing you should do is contact an experienced FELA attorney as soon as possible. Unfortunately, railroad companies often do everything in their power to avoid assuming liability for the accident, so obtaining representation can help protect you in these matters.
One way in which the railroad will try to avoid responsibility is by claiming that they didn’t facilitate the unsafe conditions that led to your injury, thus leaving you solely responsible for the injuries sustained. In some cases, they may even try to claim you declined your “right to refuse” to participate in unsafe tasks as a means of avoiding liability.
At Doran & Murphy, our dedicated legal team will examine the circumstances of your case to determine the best possible course of action. Our team believes you should not be held liable for an injury caused by the negligent behavior of your employer. When you need help, turn to our team today.
