Nonfatal railway injuries were 5,781 in 2021, an increase of 4% from 2020.
Being a railroad worker has always been a dangerous occupation. And although the job is much safer today than it was two centuries ago, it remains one of the most hazardous industries. The result is that someone is injured while working on the railroad daily.
If you suffered injuries while working on the railroad, you could seek compensation under the Federal Employers Liability Act (FELA). Here is what you need to know about a FELA claim.
What Is FELA?
Congress passed the FELA act in 1908 to protect railway workers. Under the act, railroad organizations must create a safe working environment and offer high-quality tools.
Railroad companies must also give sufficient work and use the best workplace practices. In this regard, FELA is quite similar to workers’ compensation.
However, under workers’ compensation, an employee only has to prove that they got hurt on the job. This is not the case with FELA.
The FELA act states that the employee must show there was negligence that led to the injury. As a result, FELA claims are more difficult to win.
Who Can File a FELA Claim?
Railroad workers with work-related injuries can file a claim. Once you prove that your employer’s negligence led to the injuries, you will receive compensation.
Some of the typical railroad workplace injury claims include:
- Crash injuries
- Tendon and ligament injuries
- Fractures and broken bones
- Head injuries
- Loss of limb
It’s vital to get a doctor’s diagnosis of your injuries. You will then hire a lawyer to argue your case in court.
Benefits Available Through FELA
Railroad workers can apply for multiple types of benefits under FELA. For example, you can get compensated for any medical bill related to your injury. You’ll also receive compensation for your lost wages.
You can argue that you will lose future earnings due to disability. In addition, railroad attorneys can help you seek compensation for suffering and pain damages. Railroad workers are also entitled to permanent disability and mental anguish damages.
One of FELA’s unique aspects is that the compensation amount is unlimited. For instance, there is no percentage limit on lost wages.
How Much Is Your Claim Worth?
Your FELA claims worth depends on several factors, such as the severity and nature of your injury. It also depends on if any of the injuries are permanent. Moreover, your compensation will be higher if the injuries prevent you from returning to your occupation.
The amount of money you’ve lost and the degree of suffering and pain also determine the compensation amount.
Get Help With Your Railroad Injury
Railroad workers can face severe and permanent injuries while on duty. Fortunately, it is possible to receive compensation if you file a FELA claim. In that light, you should work with an injury attorney to get maximum compensation.
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