Railroad injuries are, unfortunately, common due to the unsafe working conditions many employees are subjected to regularly. However, it’s not uncommon for workers to contribute to their own injuries. Unfortunately, if a worker assumes they are liable for the injury, they may not take the steps to file a Federal Employers’ Liability Claim. It’s imperative to understand that this is not always the case. Even if you are partially responsible for a railroad injury, you may be able to recover compensation. The following blog explores these matters in further detail and the importance of connecting with a FELA lawyer as soon as possible following the accident
What Is FELA?
The Federal Employers’ Liability Act (FELA) is a law that helps protect the rights of railroad workers by holding employers liable for unsafe working conditions. Under FELA, the burden of negligence is on the injured employee, as they must show that their employer was negligent in order to recover the compensation they deserve.
Common reasons that employees may sustain injuries that could qualify for a FELA claim include:
- Broken or defective equipment
- Failing to provide proper protective equipment
- Providing inadequate training
- Refusing to remedy unsafe working conditions
Unfortunately, these issues can result in permanent disabilities and chronic injuries that can impact you for the rest of your life.
If I’m Partially Responsible, Can I Still File a Claim?
It’s imperative to understand how FELA works. Unlike workers’ compensation, which offers benefits to employees regardless of how their accident occurred, with some exceptions, FELA is a fault-based system. However, it is a comparative negligence system. This means if you were partially negligent in the accident that caused your injuries, you can still recover compensation for the injuries you’ve endured. Your award, though, will be reduced by your percentage of fault in the accident.
For example, if you are responsible for 25% of your accident damages and you are awarded $100,000, you would receive 25% less, or $75,000.
Filing a FELA claim can be an incredibly complicated process, and the railroad will do everything possible to reduce its liability for the incident. As such, you should avoid speaking to the claims agent or manager until you have connected with an experienced attorney. Your lawyer can help you navigate this process so you don’t say anything that could render you entirely liable for these matters.
At Doran & Murphy, we understand how frustrating these matters can be, which is why we will do everything in our power to help you recover the compensation you deserve. Our firm understands that these are uncertain times, which is why we will do everything in our power to fight for you. Contact us today to learn how we can assist you.
