|
If You Are Injured as a
Railroad Employee
In 1908, Congress passed the
Federal Employers' Liability Act (FELA) which governs
work-related injuries to railroad workers. Under FELA, merely
being injured on the job is not enough to entitle you to
recover monetary damages from the railroad. For an injured
person to recover damages, the claimant must prove from the
evidence that the injury was caused by the railroad's failing
to furnish a reasonably safe environment or failing to provide
the proper equipment for work.
Whenever an accident occurs,
the railroad company will hire trained claims adjusters and
attorneys to protect their interests. These adjusters and
legal staff work for the railroad company, not you. They will
investigate the accident, take witnesses’ statements,
photograph the scene and equipment, and make on-site
measurements.
After a claim is investigated,
the claims adjuster will speak to the railroad company’s
attorneys who are knowledgeable of important FELA court
decisions. They will then attempt to take a written or taped
statement all in effort to minimize the railroad's
responsibility and maximize your responsibility for having
caused the accident.
National Research Counsel
Special Report 241, published by the Transportation Research
Board, concluded that 20% of injured railroad workers who hire
attorneys receive 70% of the money paid out by the railroad
companies. This means the other 80% of injured railroad
workers who did not hire attorneys split only 30% of the money
paid out on FELA claims.
If You Have Been Injured in
a Train Wreck
Accidents involving trains and
automobiles can be the most devastating of all accidents.
Injuries are often serious, if not deadly.
What to Do Following a Railroad
Accident:
Obtain names, addresses and
telephone numbers of all witnesses;
Photograph the accident scene,
including all vehicles involved and any visible injuries;
Tell your doctor exactly how
the injury occurred and describe all symptoms.
Be careful giving statements to
representatives of the train company. Truthful statements you
make in an effort to be helpful can easily be misinterpreted
and turned against you. Always consult an attorney before
giving such a statement.
Railroad Accidents FAQsWhat is railroad litigation
law?
Are there federal or state
regulations governing the conduct of railroads?
What are the most common
causes of railroad accidents and derailments?
Should I take the settlement
the railroad carriers' insurance company is offering me?
Do I have to file an injury
claim where the accident occurred?
What damages can I seek in my
railroad accident injury claim?
Should I hire an attorney to
help me with my railroad injury claim?
What are the duties and
responsibilities of a motorist when approaching a public grade
crossing?
What are the duties and
responsibilities of a train crew when approaching a public
grade crossing?
What responsibility does the
railroad have regarding grade crossing protection?
Why are so many grade
crossings inadequately equipped with flashing lights and/or
gates?
How often does a railroad
crossing accident occur?
Should I hire an attorney if
I’ve been injured in a railroad crossing collision?
|
