Protecting Your Rights in a Railroad Accident
Working on the railroad is hard, laborious work. There are dangers that cause injuries everywhere you look. Your employer is responsible for keeping you safe on the railroad and when an accident happens, the employer may be at fault. The lawyers at Kalfayan Merjanian can help you with a railroad injury case. They can fight to get you compensation when your employer is negligent and you’re injured.
As a railroad worker, you are protected by worker’s compensation as well as the Federal Employer’s Liability Act (FELA). Under FELA, you have a right to sue an employer that was negligent in your railroad accident and get compensation for your injuries and damages.
Railroad Accident Settlement Damages
According to FELA , a railroad worker must prove negligence of their employer. This is unlike a worker’s comp claim that covers any injury suffered on the railroad, regardless of whose fault it was. Your lawyer at KM will work to prove negligence in your railroad accident and prove that this accident caused your injuries. That proof is essential to winning your railroad accident case. The lawyers at KM have experience fighting large railroad companies and will work to get you a settlement award that covers your injuries and losses.
Your settlement damages under FELA may include:
- Current and future medical costs
- Current and future lost wages
- Pain and suffering
- Mental and emotional suffering
- Loss of earning potential
- Permanent or partial disability
FELA provides coverage for a range of injuries that can be sustained while working on a railroad. These injuries include:
- Traumatic injuries: These types of injuries include broken bones and muscle and joint pulls and strains.
- Repetitive motion injuries: When your railroad job is repetitive, you may sustain injuries such as tendonitis or carpal tunnel issues for the repetitive range of motion your job requires
- Occupational diseases: These diseases vary but can include asbestosis, loss of hearing or even lung cancer.
- Aggravated injuries: When your current injury or condition is made worse by working on the railroad, you have rights to compensation as well.
Filing a Railroad Accident Case
You have a limited amount of time to file a lawsuit under FELA. The act states that all suits against a railroad employer be filed within three years from the date of the injury. Be sure to discuss your case with an attorney at KM as soon as possible after your accident to ensure timely filing of your FELA suit.
If you believe for any reason that you were at fault in a railroad accident, you are still entitled to compensation. FELA allows for lawsuits where an employee is partially at fault. Your percentage of responsibility will be considered in your case and deducted from your total settlement award as part of the order by the court.
If you have been injured in a railroad accident, turn to the attorneys at KM to help you with your case. They have the experience you are looking for in a railroad accident and can win your case in court. Contact us today to set up a consultation.