Railroad workers injured on the job must recover medical expenses and lost wages under the Federal Employers’ Liability Act (FELA) as opposed to workers’ compensation.
At DiPiero Simmons McGinley & Bastress, PLLC, our lawyers have the investigative resources needed to expose negligence and OSHA violations on the part of railroad employers.
Don’t assume your human resources department has your interests in mind. We will evaluate your case and provide you with the information you need to recover benefits AND protect your job under the terms of FELA. Our Charleston railroad FELA accident lawyer is ready to help.
How FELA Differs from Workers’ Compensation
If you have ever worked in a job covered by workers’ comp, you might assume the process is the same for railroad workers. It is not. In fact, FELA is a completely different system. When you know that, the difference can mean the world for your case.
Workers’ comp is a no-fault system. That means you are covered no matter who caused the accident, but the trade-off is that you’re limited in what you can recover. For example, pain and suffering are not part of the equation. On the other hand, FELA is fault-based. That means you need to show that your employer was negligent in some way.
They may have failed to maintain equipment, skipped safety inspections, or pushed you to work under unsafe conditions.
If negligence is proven, the scope of compensation is much wider. You are not just looking at medical bills and lost wages. You can pursue damages for the pain you have suffered, the stress of not being able to work, and your future earning capacity.
This is why you need to have an experienced Charleston railroad FELA accident lawyer on your side.
The railroads have their own attorneys working hard to minimize claims. Your lawyer should be working just as hard, if not harder, to protect you.
Types of Injuries Covered Under FELA
Railroad workers face plenty of dangerous situations, and injuries or death do happen. According to the National Safety Council, 3,494 railroad employees were injured or became sick on the job.
The law office of DiPiero Simmons McGinley & Bastress, PLLC, represents clients in regard to the following kinds of injuries sustained by railroad workers while working on the job:
- Head trauma
- Spinal cord injury
- Back injuries / herniated disc
- Amputations
- Burns/disfigurement
- Heart attack
- Stroke
- Repetitive stress syndrome
- Neck injuries
What Compensation Is Included Under FELA?
After a serious injury, you may be worrying about paying medical bills or how you will cover your living expenses if you are out of work. Under FELA, compensation can go well beyond those immediate concerns.
Depending on the facts of your case, you may be able to recover for:
- Medical expenses and future care
- Lost wages
- Pain and suffering
- Permanent disability or disfigurement
- Loss of enjoyment of life
This is about making sure you and your family have the resources to move forward after your injury, without the constant fear of financial strain hanging over you.
How To Establish Negligence in FELA Cases
Our Charleston railroad FELA accident lawyer will meticulously review the actions of supervisors, managers, and others regarding on-the-job safety requirements and accident prevention, exposing failures and violations of safety procedures to hold employers accountable for the injuries of our clients.
Employers are expected to comply with state and federal safety regulations in the workplace.
In many instances, failure on the part of employers to conduct routine inspections, maintenance, or follow certain safety procedures plays a significant role in railroad accidents.
Your attorney can consult investigators, safety experts, and other professionals when gathering evidence and analyzing the factors involved in an accident.
FAQs for FELA Claims in West Virginia
How long do I have to file a FELA claim after a railroad injury?
Railroad workers have three years from the date of the accident or from when they reasonably discovered their injury to file a claim under FELA. Since evidence can fade and witnesses’ memories can blur, you will want to get an attorney involved as soon as possible.
Do I need to report my injury to my railroad employer before filing a claim?
Yes. You must notify your employer, usually through a written report, after an accident or injury.
However, keep in mind that what you write can later be used against you. Having a lawyer guide you before or shortly after reporting can prevent unintentional mistakes that might weaken your case.
Can I still file a FELA claim if I was partly at fault for my accident?
Yes. FELA follows a comparative negligence system. That means you can still recover damages even if you were partially responsible for the accident. Your compensation may be reduced based on your percentage of fault, but you will not be automatically barred from recovery like you might be in other types of claims.
What if my railroad injury developed over time instead of happening in one accident?
FELA covers not only sudden accidents but also occupational diseases and repetitive stress injuries.
If your back problems, hearing loss, or respiratory issues developed after years of railroad work, you may still have a valid claim. These cases can be more complicated, so medical documentation and legal guidance are often needed.
Why should I hire a Charleston FELA lawyer instead of handling the claim myself?
Railroad companies and their insurers have teams of lawyers working to minimize payouts. An experienced Charleston FELA accident lawyer knows how to gather the right evidence, question witnesses, and bring in expert testimony to prove negligence.
Having an attorney means you are fighting strategically to maximize your compensation.
Contact a Charleston FELA Railroad Accident Lawyer Today
Our office has represented many injured railroad employees over the years. We understand how these cases need to be investigated and prepared, as well as what must be done to protect your job and rights.
To schedule an appointment to discuss your case, contact railroad accident attorneys at DiPiero Simmons McGinley & Bastress, PLLC today.
