As a railroad worker, you may constantly struggle to comprehend your differing legal rights due to being protected under the Federal Employers’ Liability Act (FELA). For example, you may have heard of the personal injury doctrine referred to as the “assumption of risk,” but you may be unsure if this applies to you and your claim, as well. To clear all this up for your sake, please continue reading to learn more about what the assumption of risk means and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you understand whether this could majorly affect the outcome of your case.
What is “assumption of risk,” and does it apply to FELA claims?
If you were to file a standard personal injury claim, an assumption of risk is a legal argument that the party you are filing against may utilize in their defense. With this, they may claim that you, as the plaintiff and injured party, knowingly accepted the dangers of a particular activity. Further, this allows them to conclude that they should not be held liable for your recovery.
The same goes for if you were to file a workers’ compensation claim. A FELA claim is different, though, in that it requires you to prove your employer’s negligence. In this way, you may have an opportunity to collect compensation for broader damages. At the same time, though, it would make a legal defense like the assumption of risk all the more critical.
Well, you may feel better knowing that the assumption of risk defense is largely abolished for FELA claims. This is because, at the end of the day, the United States Congress designed and enforced FELA to protect railroad workers better than workers’ compensation could. Ultimately, this protection extends to limiting the legal defenses that employers can hold against them.
Can railroad companies use other defenses besides the assumption of risk?
Even though you may be immune to the assumption of risk, you must anticipate some sort of pushback from your railroad company employer. That is, an alternative defense mechanism they may adopt is the comparative negligence doctrine. Here, they may explain that you acted partially negligently in the accident that prompted your work-related injury.
If they are successful with this claim, the financial compensation you are awarded may be reduced by your deemed percentage of fault. So, for example, if you were seen as 25 percent responsible, you may only recover 75 percent of your damages. Unfortunately, since FELA is a federal statute, this may override state-level negligence laws that would have gone in your favor.
Before it is too late to adopt any form of legal strategy, we encourage you to pick up the phone and call one of the skilled FELA lawyers from Hildebrand McLeod & Nelson LLP. We will be happy to step in at any stage of your legal issue, and we look forward to working with you.
