Valley Stream Railroad Accident Lawyer
As an employee of a railroad, you have certain rights under federal law designed to protect you from harm. The Federal Employers Liability Act is meant to ensure your safety and provide a legal avenue for financial compensation if you are injured by your employer. If you have suffered injuries while fulfilling your duties as a railroad employee, you could be entitled to significant monetary damages.
An experienced Valley Stream railroad accident lawyer could help you file a personal injury claim and fight for your rights.
Covered Injuries Under the Federal Employers Liability Act
A train employee is protected under the Federal Employers Liability Act (FELA) if the railroad they work on is interstate, or if the railroad helps to maintain train tracks that are used by an interstate railroad. This coverage can be determined by a knowledgeable train accident attorney in the area.
This federal law covers many different types of injuries, including, but not limited to:
- Major physical injury
- Repetitive stress injuries
- Pain and suffering
- Diesel exhaust exposure injury
- Motor vehicle accidents (when the motor vehicle was owned or operated by railroad company)
After a worker is injured, they are permitted to choose the doctor they want to treat them. A worker is not required by law to go to an employer-approved physician. While agents for the railroad may attempt to influence an employee’s choices, they have no right to do so.
Filing a FELA Claim to Seek Financial Compensation
Unlike worker’s compensation claims, which operate more like insurance, railroad workers that are covered by FELA can file a lawsuit in state courts or federal courts. Injured employees are able to directly sue their employers for their negligence and any violation of federal law. This permits a train accident attorney to represent a railroad worker’s rights in court.
Filing a FELA claim can be complicated for someone who is not already knowledgeable in this area of law. There are specific legal rules that must be followed, and the burden of proof is on the employee to prove their injuries. With the assistance of an experienced local lawyer, an employee could find peace of mind knowing their case is being handled properly.
Proving a Claim under FELA
The most important aspect of filing a FELA claim is to demonstrate that the railroad was at least partially at fault for the employee’s injuries. As long as at least partial fault can be attributed to the railroad, the employee can seek to recover damages under the law.
Unlike in some other lawsuits, if the employee was also partially responsible for their own injuries they can still file for compensation for the portion that was the responsibility of the employer. Compensation may be reduced for any portion that was the fault of the employee, but they may still have a valid personal injury claim.
Discuss the Case with a Valley Stream Railroad Accident Attorney
If you are a railroad employee who was injured by your employer, you have the right to seek financial compensation from your place of work. With the help of an experienced Valley Stream railroad accident lawyer, you could understand your rights and get the compensation you deserve. Contact us today to set up an initial consultation and start building your case.