When you are injured while working for the railroad, navigating the process of filing a claim under the Federal Employers’ Liability Act (FELA), can be incredibly complicated. As such, it’s imperative to understand what you can do as an injured plaintiff to navigate this process as smoothly as possible. One thing you must consider is proving how the railroad contributed to your accident. The following blog explores why this is necessary, what evidence can help your claim, and why it’s critical to work with a FELA lawyer when you sustain injuries due to the negligence of your employer.
How Do I Recover Compensation Under FELA?
In order for your FELA claim to be successful, you must be able to show that your employer’s negligence contributed in some way to the accident you suffered. This differs from workers’ compensation, in which an injured worker can recover compensation in most instances of injury, even if they caused it on the job.
Proving that your employer was negligent and, therefore, wholly or partially liable for the damages you sustained can be an incredibly complicated matter. As such, the best thing you can do if you want to file a FELA claim is connect with an attorney who can guide you through these challenging matters.
What Evidence Can I Gather To Show the Railroad Contributed to My Injuries?
When you are injured due to the negligent actions of your employer, you must be able to show that their actions, or lack thereof, contributed to your accident. This can be incredibly challenging, so working with an attorney who can help you gather the necessary evidence is critical.
One piece of evidence you’ll find that can help your case is eyewitness testimony. If you have co-workers who saw the accident happen, they can attest to the fact that you were following protocol and that outside factors contributed. For example, if the ground was littered with hazards because your employer failed to uphold safety standards regarding safe walkways, this can help your case.
If available, you should also access surveillance footage of the accident, as this can help show exactly what happened in the moments before and during the incident. For example, if you were electrocuted by faulty wiring, the railroad may claim that you made the error that led to the electrocution. However, the footage may capture a different story, like someone showing a supervisor the damage to the wires and the on-site supervisor taking no steps to remedy the issue or warn workers not to go near the wires.
Proving negligence can be difficult, so it’s in your best interest to connect with an experienced attorney who can help fight for you. At Doran & Murphy, our experienced team will do everything possible to gather the necessary evidence to help you receive a favorable outcome for your FELA claim. Connect with our team today to learn how we can assist you.
