Charles Goetsch
Law Offices LLC
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Protecting Whistleblowers & The Injured

Understanding FELA claims

| Jun 19, 2020 | Fela Claims

The Federal Employers Liability Act (FELA) allows railroad workers to claim compensation if they are injured at work.

To make a FELA claim, you must prove your injury was due to negligence on the part of your employer or the company you are claiming against. FELA is different from the workers’ compensation insurance used in other industries, where there is no need to prove negligence.

However, it is usually not hard to prove negligence played a part if you are injured on the railroads. Your employer is required to provide a safe working environment for you. They need to provide you with appropriate safety training and personal protection equipment (PPE). It should be free from hazards, too.

If you have an accident at work, you must report it to your supervisor and complete an accident report. Your next step should be to contact an attorney who deals with railroad law.

Your employer or their insurance company could try and claim you were at fault in some way for the accident. If they can prove you were negligent, they may use it to reduce how much they have to pay. That is why it is essential to have the backing of an experienced attorney.

The company may settle your claim out of court, but sometimes it is necessary to take your case to trial. Keep detailed records to support your case. Note down details as soon as possible after your accident. If there were witnesses, get statements from them. Make sure you track how much time you have taken off work for your injuries, and retain receipts for any associated costs.