When you are injured while performing your job as a railroad worker, it can be incredibly difficult to navigate. Not only do you have to deal with managing the pain and healing, but fighting for the compensation you deserve under the Federal Employers’ Liability Act (FELA) can often be overwhelming and complex. Unfortunately, many assume this system is no-fault like workers’ compensation, which is far from the truth. In reality, FELA operates on a comparative negligence standard. If you are unsure what this means or how it can impact the outcome of your claim, you’ll want to keep reading. In addition, you’ll learn why working with a FELA lawyer is critical to navigate the aftermath of an injury to help you protect your best interests in these matters.
What Is Comparative Negligence and How Will It Impact My Claim?
Comparative negligence is a standard adopted by some states for all personal injury cases and used by the federal government to handle FELA claims. Essentially, this system compares each party’s percentage of fault in an accident to determine a victim’s compensation amount.
For example, if you slip and fall while at work due to a cord left on the ground, you can hold your employer liable for their failure to maintain a safe and hazard-free workplace. However, if you were jogging to get to your position, thus ignoring company procedure to carefully traverse the jobsite due to potential hazards, you may also be found at fault.
As such, when examining these circumstances, a percentage of fault can be allocated to each party. For example, if you are found 25% at fault for your accident because you ignored the signs and company policy, your compensation would be reduced by your percentage of fault in the accident. So, if you were to win $100,000 in damages and you were 25% at fault, this means you would only be able to recover $75,000 of the award.
What Should I Do After a Railroad Accident?
Taking the necessary steps following a railroad accident is critical to protect yourself. It is imperative that you inform your shift supervisor of the accident and request immediate medical attention. You should not sign any documents or provide an office account of the injury until you have sought medical treatment, as your health is the most important matter.
Once you have obtained medical care for your injuries, it is imperative to connect with an experienced FELA attorney as soon as possible to guide you through this process. They can help you when providing a statement to the claims department so you do not say anything that could potentially jeopardize your claim. Unfortunately, the railroad often twists the words of employees to minimize their injuries or inflate their liability in the claim, thus drastically reducing the compensation they can recover.
At Doran & Murphy, our team understands how complex these circumstances are, which is why we will do everything in our power to help you fight for the justice and compensation you deserve. When you need help after a railroad accident, do not hesitate to contact our firm today.
