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Proving liability in a FELA claim after an accident

Railroad workers across Connecticut and the U.S. are exposed to continual hazards and dangers every day. When you suffer a serious injury at work, the Federal Employers Liability Act (FELA) provides you with the opportunity to collect compensation while you recover. However, the process to pursue this compensation can become complicated.

FELA requires injured railroad workers to prove that their injury was the result of the negligent actions of their employer. This could include the railroad in general, a manufacturer of equipment, the actions of a supervisor or fellow employees and more. Because of this requirement, it is critical to begin work on your claim immediately.

Immediately after the accident

After the accident, take the following steps as soon as possible:

  • Report your injuries to your employer. Speak with a supervisor as soon as you can to inform your employer of your injuries.
  • Seek medical attention. Whether you see a company doctor, your own physician or both, seek medical care to determine the extent of your injuries.
  • Document the accident scene. If possible, take photos of the accident scene and of your injuries to visually support your account of events.
  • Keep a journal. Write down everything that happened. Then, write updates on your injuries, medical treatment, costs of care and more.
  • File a report. File a report on your accident immediately. Keep in mind that this will likely be referenced in your future claim so be as detailed as possible.

In the aftermath of a serious accident, the moments that follow can seem like a whirlwind. Follow these steps and exercise caution when speaking with any representatives of your employer.

Proving liability in your claim

In making a FELA claim, you must prove that your employer in some way strayed from their responsibility to provide a reasonably safe workplace. However, you only need to show that your employer exercised some negligence.

Depending on your accident, this negligence could include defective equipment onsite, failure to properly train employees, failure to act after a warning about potential dangers, failure to comply with federal or state safety regulations and more. In proving what led to your accident, adhering to the steps above can be critical to support your account of events. An attorney experienced with FELA claims can assist in recovering the financial relief you need after a serious accident.

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