Protecting Whistleblowers & The Injured

4 ways injured rail workers can strengthen their FELA claims

On Behalf of | Aug 10, 2022 | Fela Claims

The railroad industry is invaluable to American commerce, but the work puts its labor force at risk of suffering severe injuries. Below are five potentially disabling railroad injuries that plague railroad employees.

  1.   Burns
  2.   Amputations
  3.   Head trauma
  4.   Spine damage
  5.   Asbestos-related conditions

Railroad workers do not have the luxury of workers’ compensation benefits when injured on the job. Instead, they must look to the Federal Employers Liability Act (FELA) for relief. Since you must prove employer liability to obtain compensation, the tips below can strengthen your claim.

1) Get pictures and video

If you have video evidence of the safety violation or work hazard that caused the injury, it can add incredible weight to your claim. Even still photographs of unsafe working conditions or your actual accident qualify as solid evidence.

2) Get witness confirmation

Sometimes, other people witness an incident leading to rail worker injuries. If they are willing to corroborate your account of the accident, it can improve your odds of success. It might even help if the witness didn’t see the incident but knew of the unreasonable hazard.

3) Get medical documentation

Keep copies of all medical records related to your railroad injury to form a chain of medical evidence. Such evidence strengthens FELA claims by confirming your harm is real. Upon confirmation, look for other medical evidence that links the injury to the work accident.

For example, expert medical and vocational witnesses might show how the unsafe condition called into question could have caused your specific injury.

4) Use the law in your favor

FELA claims are extremely complicated, partly because you carry all responsibility for proving what happened. If unfamiliar with FELA regulations, you could inadvertently hurt your chances of obtaining compensation.

If injured, learn more about FELA and consider seeking guidance when pursuing a claim.

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