Railroad Injuries in Brandon, FL
Injuries are unforeseen and can sometimes strike at moments we least expect them to, that includes the workplace. Vehicular accidents and railroad injuries are just some of the frequently experienced injuries that workers face in their duties which can severely impact their lives.
Prior to the existence of worker’s compensation laws, Congress exerted efforts in order to protect the legal rights and welfare of workers and did this via FELA or the Federal Employer’s Liability Act. FELA enables railroad workers to seek compensation for their injuries sustained at the workplace. This makes recuperation for workers more bearable in the physical, emotional, and financial sense.
There is no denying the gravity of the railroad workers’ working conditions, hence making them more susceptible to injuries. Which is why under the FELA, certain regulations have been placed in order to ensure the standards of their work areas. It is the employer’s duty to provide proper safety training, supervision, and to avoid making unrealistic demands from workers that could damage their health.
Are you a railroad worker suffering from injuries? If so, it would be best to seek legal assistance from a Brandon, FL railroad injury attorney who can help represent you in court so you can get the rightful compensation for damages and injuries you’ve sustained.
What are Railroad Injuries
It is common knowledge that working at a railroad comes with great hazards and railroad workers are regularly exposed to this. Luckily, the passing of the FELA or the Federal Employer’s Liability Act which keeps employers responsible and accountable for setting safe workplace standards. Any claims made under FELA can hold employers directly responsible which can lead to a suit in either a federal or state court.
Have you or a loved one become accident victims while working at a railroad? If the answer is yes, know that it is important to first understand that you deserve legal compensation under FELA. Get in touch with a Brandon, FL railroad injuries attorney to help you with court representation and compensation.
What is FELA?
FELA stands for Federal Employer’s Liability Act. FELA injury claims are similar in nature to worker’s compensation claims in the sense that both hold employers liable for work-related injuries and seek that workers get the rightful compensation. The only difference is in a worker’s compensation case, the injured employee doesn’t have the burden of proving negligence on the end of the employer. FELA claims, however, require an employee to prove that the employer is at-fault or to blame for their injuries.
How do I Prove Liability?
Bringing a claim to FELA requires you to show proof of liability. Proof of liability is meant to show that the defendant is the cause of your injuries. This is different from no-fault workers’ compensation cases where the injured worker need not establish fault.
The duties employers have to their workers according to FELA include the following:
- Provide a safe working environment, tools, and safety devices
- Inspect the workplace to see that it is free of defective equipment that might be hazardous
- Provide adequate training, supervision, and assistance to enable employees to perform their duties
- Enforce safety regulations
- Abstain from unreasonable work quotas
Take note of the degree of fault needed to be shown also known as the burden of proof is less than the degree of fault needed in a negligence claim. Injured workers with a FELA claim need to establish their employer’s fault, meaning they must prove that the employer was negligent and that the said negligence was instrumental in their injuries.
Need to prove liability and seek compensation for railroad injuries? Get in touch with a seasoned Lexington, KY railroad injuries attorney. A railroad injuries attorney can help you prove negligence and get compensation so you can get your life back on track.
How Do I Get Compensation?
Lawsuits under FELA can bring in compensations including past and future lost wages, pain and suffering, medical treatment, and distress. Should the workplace injury result in the wrongful death of a railroad worker, the worker’s surviving family members, spouse, and/or children will receive the compensation.
What is the Comparative Negligence Defense?
On the part of the defendant, their main defense in a FELA claim is comparative negligence which entails the defendant trying to prove that the injury is the worker’s own fault or had a hand in the accident’s occurrence so that not all liability will be placed on the defendant.
The process of comparative negligence starts when all arguments in a FELA lawsuit have been heard and the jury starts to discover findings as to who the at-fault party is. This is done by assigning a fault percentage and the percentage will be the basis of the compensation awarded to the plaintiff.
What Type of Injuries Are Covered by FELA?
FELA covers certain kinds of injuries that railroad workers can get compensation for should they fall victim to them. These injuries include:
- Traumatic Injuries (joint sprains, broken bones, torn muscles)
- Repetitive Motion Injuries
- Occupational Diseases ( Lung cancer, asbestosis)
- Exacerbations of Existing Injuries
Are There Any Limitations to the Claim?
Federal law dictates the limitations on FELA claims. You must bring in the claim within three years from your injury and failure to do so can result in your claim being barred from court. This means you won’t be able to get compensation. This poses a challenge since determining the time of injury can be difficult, especially in cases such as cancer.
If you are experiencing difficulties with filing a FELA claim, know that getting legal help will do you a great favor. An experienced Brandon, Florida railroad injuries attorney can help you navigate the system and make the best decisions in order to be able to heal and continue with life.
Seek Legal Advice From a Brandon, Florida Railroad Injuries Attorney
Suffering from railroad injuries is no joking matter. These injuries can impact so much more in an individual’s life, ranging from lost wages, physical pain, emotional distress, and an overall reduced quality in life. Those who suffered from railroad injuries should definitely be compensated for. If you are an injured railroad worker, contact Golden Injury Attorneys. An experienced railroad injury attorney from the law-firm can help with reviewing your case, providing legal representation, and getting compensation. Schedule an appointment with a Brandon, Florida railroad injury attorney now.