If you are a railroad worker and have been injured on the job you can seek protection under FELA, which is the Federal Employers' Liability Act. This law was passed by Congress in 1908 and is designed to compensate injured railroad employees and their families. The New York railroad injury law firm of Cahill Goetsch & Perry, P.C. has over 30 years experience in this area and can help you file a claim under FELA law.
Steps You Need To Take
Immediately following your workplace injury you should seek medical attention if you have not already been taken to a hospital. As soon as you are able you need to notify your railroad employer and fill out the appropriate injury report forms. Unlike typical workers compensation claims, if you are injured and plan to seek compensation under FELA you will need to prove that your employer was at fault for your injury. Don’t be concerned about the amount of evidence that is required because under the “featherweight” burden of proof, which means the strength of the connection between the employer’s failure to comply with certain obligations and your injury need not be very strong, is applied to FELA claims. The next very important step you need to take is to contact a qualified railroad injury attorney.
FELA Jury Awards
If you are not able to reach an agreement on the amount of compensation you will receive, your railroad injury attorney will then take your case to litigation. After both sides present their evidence it will be the jury’s turn to determine if negligence existed and if it did, the jury will then need to come to a decision as to the amount of damages to award. There are two important things the jury needs to consider and they are:
- Was the injury caused by the negligence of the railroad or a manufacturer of railroad equipment or tools the victim utilized or came in contact with?
- To what extent did the actions of the employee contribute to his or her own injury?
The laws surrounding FELA can be complex, especially since liability needs to be proved. The New York railroad attorneys practicing at the law firm of Cahill Goetsch & Perry, P.C. welcome the chance to review the specifics of your railroad injury case, expound on FELA requirements and share your legal options.