Railroad work can be very dangerous. In fact, Congress enacted the Federal Employment Liability Act to help railroad workers. FELA is a system wherein workers injured on the job can recover damages. FELA claims can be made in two ways. First, the worker can file directly against the carrier. In the alternative, the worker can file a lawsuit in federal or state court. Injured workers should make a report right away. Further, workers should save a copy of all documentation for themselves. If the injury was caused by a hazard, try to get pictures.
Next, workers should seek advice from a Railroad Accident Attorney in Avondale AZ. Finding an attorney that handles railroad claims can be difficult. Call the local Bar Association to get some referrals. Visit the attorneys’ websites and Click Here to learn more. Schedule a consultation as soon as possible. Railroad injury claims are quite different from regular workers’ compensation claims. For instance, the attorney must prove the railroad was at fault. The railroad can be negligent in several ways, including:
• failing to check for hazards in the workplace
• failing to adequately train employees
• failing to have enough workers
• failing to inspect equipment
Far less negligence needs to shown than in a regular claim. Indeed, the attorney only has to show the carrier was somewhat negligent. FELA gives the worker an advantage because the law’s goal is a safe railway system. Any violation of safety laws is an advantage for the worker. The Railroad Accident Attorney in Avondale AZ will seek damages for past and future wage loss. Further, the worker may recover for pain and suffering, medical treatment and mental anguish.
On the other hand, carriers often use comparative negligence laws. They must show the worker contributed to the injury, somehow. Fortunately, most FELA cases do not go to court. The claims are often settled or mediated. Attorneys are a big help in mediation and settlement conferences. They are prepared to advocate for the client. Hopefully, the majority of railroad workers will never be injured. However, it is good to know there is a fair system for recovery in place.
