Railroad work, while vital, presents unique hazards. If you’re a railroad worker in New York who has suffered an injury, understanding your rights under the Federal Employers Liability Act (FELA) is crucial.
Unlike workers’ compensation, FELA allows you to seek financial damages for your injuries if railroad negligence contributed to the incident. Let’s break down some key points.
Proof of negligence required
FELA is a federal law specifically designed to protect railroad workers. In these cases, the injured worker must prove the railroad’s negligence, even in part, caused their injuries. This contrasts sharply with workers’ compensation, which is a no-fault system.
Comparative negligence laws
The comparative negligence principle plays a role in FELA cases. Even if you contributed to the accident, you can still recover damages – reduced proportionally by your degree of fault. It is important to remember that even if you feel you contributed to the injury, you should still pursue your claim.
Potential damages you may recover
The FELA system allows you to recover a range of damages, such as medical expenses, lost wages (past and future) and pain and suffering. Calculating these damages requires careful consideration of your individual circumstances, including your future earning capacity amid severe injuries.
The statute of limitations
Under federal law, FELA claims have a three-year statute of limitations from the date of the injury. Acting promptly is vital as delaying too long can jeopardize your ability to seek compensation. It is best to start working on your case as soon as possible.
As you can see, FELA cases can be complex. Having experienced legal guidance can help protect you in moving forward with your claim.
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