FELA – Railroad Workers
FELA is the Federal law which protects Railroad workers. Railroad workers get hurt everyday both from employer negligence and from the environment they are exposed to!
WHAT YOU NEED TO KNOW TO PROTECT YOUR RIGHTS!
There is a three (3) year statute to bring your claim;
You get to choose your own physician;
You can receive benefits while you are ill and your claim is still pending; and
You may bring your claim in State or Federal court.
In a FELA claim you the worker can be compensated for your employer’s negligence, NO MATTER HOW SLIGHT IT IS, when it causes your injury. Like a general negligence claim you have to prove:
Duty – the FELA statute outlines the duty owed to you the Railroad worker, that you are provided a reasonably safe place to work;
Breach of Duty – was your employer negligent? Was your work place reasonably safe?;
Causation – did the negligence, no matter how slight cause your injury?; and
Damages – what are your damages?
It is critical that you the injured Railroad worker CHOOSE your own doctor! Remember Company doctors will only try to rush you back to work!
There are also those injuries which are caused by the environment that you work in such as noise pollution, air pollution, etc… You still have to prove the elements of negligence but you can collect if your employer failed to protect you from the ENVIRONMENT in which you work!
Strict Liability claims
Finally, there are some injuries to Railroad workers which are known as STRICT LIABILITY CLAIMS. If your employer fails to abide by certain laws and you are injured you need not prove negligence you only need to prove your employer DIDN’T FOLLOW THE LAW.
What are your damages? An injured Railroad worker can collect for:
Lost wages, both past and future;
Pain and suffering;
Medical expenses, again both past and future;
Out of pocket expenses; and
The loss of fringe benefits from the loss of your work.
Our office works on a contingency basis.** That means we only get paid if we get a recovery for you; we earn our fees out of our recovery FOR YOU ! If we don’t get you a recovery we don’t get paid !!
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Our firm handles cases all over Florida.
Your first consultation is always free. Remember you are not charged unless we win for you.
**Except in criminal matters.