You were just doing your job, like any other day. But that day, everything changed, and now you need help to get your life back. The railroad could be required to pitch in.
Working for the railroad can be dangerous, even when you follow all the regulations. But when you’re tired from overwork or your yard is missing important safety regulations, things can get downright deadly. If you work in the railroad industry, the Federal Employers Liability Act (FELA) might offer protection. But unlike a standard no-fault workers’ compensation claim, FELA requires that you prove negligence by the railroad, its employees or equipment manufacturer.
FELA applies to your claim if you’re an employee of a railroad engaged in interstate commerce. Your injury also had to stem from a job you were performing for the railroad.
A large part of figuring out if you can build a successful argument under FELA is proving negligence by the railroad company:
- Your area doesn’t have properly written or maintained safety regulations
- You don’t have a safe work environment with the proper equipment, tools and safety devices
- You or your coworkers didn’t receive adequate training or supervision
- You don’t have enough help to get a job done safely
Your fair share
Just because it’s your fault, doesn’t mean it isn’t their fault. The court may still find the railroad negligent even if it was partly your fault. Depending on the degree of responsibility of the railroad, it could affect the determined damages.
Understanding the requirements outlined by FELA is a great first step in getting care for your injuries. Make note of any negligence, and be ready to prove the railroad played a part in your suffering, and you could be well on the way to getting the help you need.