Over 18-hundred people are injured or die each year in railroad accidents. That is not surprising because railroad work can be dangerous. Interestingly, Congress created the Federal Employers Liability Act (FELA) to oversee railroad injuries. FELA handles cases very differently from typical workers’ compensation cases. Under FELA, the employee has to prove that the railroad was negligent. And, this negligence must have caused the injury.
Negligence is difficult to prove. That is why one should talk to a Railroad Accident Attorney in Avondale AZ. Visit the attorney’s website and Click Here to make an appointment. The attorney will try and prove the cause of the employee’s injury. For instance, the railroad is liable if there was a problem with workplace safety. Likewise, the employee is covered if the injury was caused by poorly trained employees. Many injuries are caused by workers not having the proper equipment. And, sometimes injuries occur because there are not enough people working.
Another difference with FELA cases are the damages. Unlike regular workers’ comp, employees may recover for,
* past and future medicals
* past and future lost wages
* physical and mental pain and suffering
Additionally, employees are compensated for permanent disabilities. Further, the lawyer must file the FELA case in court. In fact, the case may be filed in any state or federal court.
Injuries must fall into one of four categories. First, injuries such as broken bones and sprains are compensable. Moreover, workers are compensated for repetitive motion injuries and aggravations of pre-existing injuries. Finally, FELA covers occupational diseases like lung cancer and hearing loss. Further, FELA uses a comparative negligence system. This means the court takes any employee negligence into consideration before awarding damages. However, A Railroad Accident Attorney in Avondale AZ works hard to prove that the employee was not negligent. Recent FELA settlements show how monetary damages can vary. An Illinois worker was awarded $637,500 after sustaining neck and back injuries in a train wreck. A worker who had a severe shoulder injury after a wreck was awarded over $950,000. And, a worker who lost both legs in an accident received $8.6 million dollars. Work with your attorney to make sure your rights are protected.
