Under the Federal Employers’ Liability Act (FELA), railroad workers who are injured on the job have the right to seek compensation for injuries caused by their employer’s negligence. You may recover damages for medical expenses, lost wages, pain and suffering and even future care with a FELA claim.
If you were partly responsible for your workplace accident, you may be wondering how that affects your ability to file a FELA claim. Can you still pursue compensation even if you share some blame? The short answer is yes.
Know your rights
You can still file a FELA claim to recover damages even if you were partly at fault for a work-related accident. The law only requires that your employer’s negligence contributed in some way to the incident, no matter how small. That said, your share of fault matters.
FELA follows a comparative negligence approach in such instances. This means that your compensation will be reduced by the percentage of fault you bear. For example, if your total damages amount to $100,000 but you were 20% at fault, your compensation would be $80,000, and so on.
Secure the compensation you deserve
Railroad companies and their insurers may try to downplay the extent of your injuries or heap the blame on you to protect their interests. If you take this lying down, you could end up with an unfair settlement that doesn’t cover the full cost of the harm and losses you suffered.
As an injured railroad worker, reaching out for early legal guidance is crucial, whether you contributed to your workplace accident or not. The proper support can go a long way in building a strong case, navigating the complex claims process and protecting your rights.
Subscribe To This Blog's Feed