The Federal Employers’ Liability Act (FELA) stands as a crucial piece of legislation that safeguards the rights of railroad workers injured on the job. Enacted in 1908, FELA provides an avenue for injured employees to seek compensation for their injuries, holding railroad companies accountable for maintaining a safe working environment. Navigating the complexities of a FELA claim can be challenging, but with the assistance of a skilled attorney, injured workers can significantly enhance their chances of obtaining fair and just compensation.
Attorneys specializing in FELA claims possess a deep understanding of the intricate legal framework surrounding railroad injuries. They are well-versed in the specific regulations and safety standards applicable to the railroad industry, enabling them to build a compelling case on behalf of their clients.
Please know that you have an absolute right to legal counsel when filing a FELA claim. Your employer cannot fire you for speaking with an attorney. While you may choose any FELA lawyer you want, it is in your best interests to hire a union-designated lawyer who is experienced with the special rules and procedures under FELA.
Investigation and Evidence Gathering
A critical aspect of FELA claims is establishing negligence on the part of the railroad company. “Negligence” simply means that a railway failed to provide a reasonably safe working environment for its employees.
Attorneys play a crucial role in conducting thorough investigations to gather evidence to show negligence and to support the injured worker’s case. This may involve:
- Collecting witness statements,
- Obtaining maintenance records, and
- Consulting with experts to reconstruct the incident.
Identifying the party or parties responsible for your injury is a pivotal step in a FELA claim. Attorneys work diligently to establish the railroad company’s negligence, whether it be in the form of inadequate training, faulty equipment, or unsafe working conditions. This may involve examining company policies, safety protocols, and past incidents to build a comprehensive case.
Negotiating with Insurance Companies
Attorneys act as strong advocates for injured workers when negotiating FELA claims. Negotiations typically take place between the attorney and a railroad’s insurance company.
Your FELA attorney will understand the tactics used by insurers to minimize payouts. Your lawyer will also work tirelessly to ensure that you receive fair compensation for such items as:
- Medical expenses,
- Lost wages,
- Pain and suffering, and
- Punitive damages.
In the event that a fair settlement cannot be reached through negotiations, attorneys are prepared to take your case to court. Your attorney will provide invaluable litigation support through such acts as filing a lawsuit on your behalf and presenting a compelling case before a judge and jury to secure the best possible outcome on your behalf.
Contact Rossi Vucinovich for Help
If you sustained a railroad injury, please contact our law firm for help. Rossi Vucinovich PC has been helping railroad employees and people injured in railroad accidents recover from railroad injuries for over 50 years. We are dedicated to helping you obtain the benefits you need to treat your injuries, pay your bills, and continue supporting your families. Do yourself a favor and contact us today to get the legal help you deserve.