Did you know there are over two-thousand railroad accidents a year? Causes of these accidents include defective equipment and employee errors. Sadly, train accidents, like derailments, result in devastating injuries. In fact, railroad workers are often among the injured, and they are not covered by state workers’ compensation but under the Federal Employer’s Liability Act or FELA. Unfortunately, it is not easy to make a FELA claim.
Injured employees may have a tough road ahead. Interestingly, FELA workers’ compensation claims are handled like personal injury claims, so anyone with an injury should consult with a railroad accident attorney in Avondale, AZ. After an injury, the worker reports the claim and the railroad investigates. Likewise, the attorney conducts their own investigation. If the claim is not settled, a lawsuit is filed in state or federal court. Usually, the judge orders parties in FELA claims to attend mediation where, hopefully, the claim can be settled.
If the case goes to trial, the attorney must prove that the railroad is negligent; furthermore, they have to show this negligence caused the injury. Visit an attorney’s website and click here to learn more about FELA. FELA covers four types of injuries: traumatic, pre-existing, repetitive motion and occupational disease. Also, the worker may recover more damages under FELA than state workers’ comp. Damages include pain and suffering and the past and future medical expenses. FELA also compensates workers for any permanent disability.
There are many ways that the railroad can be at fault; for instance, an accident can be caused by defective equipment or a workplace hazard. Believe it or not, they can be negligent by not having enough workers. Other unsafe conditions are created by improperly training staff. The railroad accident attorney in Avondale, AZ must prove that the worker was not at fault because claims are negotiated under FELA using comparative negligence. If the worker is partially responsible, the railroad pays a reduced judgment. Death claims are resolved using this same process. Clearly, anything someone says can be used against them. It makes sense to hire a lawyer familiar with FELA rules and regulations.
