The Federal Employers Liability Act first came to be in 1908. Its goal was to protect and compensate those who were hurt while working for the railroad. To be able to seek compensation through a FELA claim, the worker does need to prove that the railroad was partially negligent in causing the injuries that the worker is dealing with today.
FELA guarantees that you’ll have a reasonably safe place to work. If your workplace isn’t safe for any reason, then it’s important that you speak up and let your employer know your concerns. Keep documents regarding any complaints you make, so that you have evidence of your concerns if you do end up suffering an injury.
What happens if you’re hurt but can’t prove that the railroad was negligent?
If you are unable to prove that the railroad’s negligence played a role in your injuries, then you may end up losing your case. That’s why it’s always a good idea to talk to coworkers who saw you get hurt about what happened. It is smart to keep documents about complaints or concerns you’ve made, too.
If you are able to prove that the railroad caused your injury, at least in part, then you may be able to receive an award. The railroad may argue that your actions also played a role in the injuries you suffered, which could negatively impact the award. This is all something you may want to talk to your FELA attorney about as you determine if you want to file a claim. Our website has more on FELA claims and how you can start yours.
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