As a railroad worker employed by a railroad company, you are not covered by an employer’s workers’ compensation plan in the event of a workplace accident. Rather, to recover damages prompted by your incurred injuries, you must file a Federal Employers’ Liability Act (FELA) claim against your employer. Here, you must adequately establish that your employer’s carelessness is what triggered the incident to occur in the first place. So, without further ado, please continue reading to learn how to prove negligence in your FELA claim and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson, LLP can work to ensure you have an ironclad legal argument to present.
Why do I need to prove negligence in my FELA claim?
To reiterate, when you initiate a FELA claim, you essentially say that your railroad company employer acted negligently in a detrimental way. Specifically, you state that your employer owed you a duty of care in maintaining safe conditions in your workplace environment. Then, you claim that your employer ultimately breached this duty by failing to reasonably identify and rectify potential hazards promptly. And lastly, you resolve that you encountered the said hazard in a way that was beyond your reasonable control, and received injuries and damages as a result.
All of this to say, if you cannot prove that your employer was negligent, then the court may believe that they should not be held financially responsible for your economic and non-economic damages. This is otherwise known as your burden of proof as the plaintiff of a FELA claim. And so, in this case, you may be on your own for covering these costs after your workplace accident event, as again, you may not be eligible for a workers’ compensation claim.
What evidence do I need to prove negligence in my FELA claim?
Now that you understand that evidence overall is pivotal for a successful FELA claim, you must learn the types of evidence that may make a world of difference. With that being said, your hired legal representation may assist you in recuperating the following pieces of proof:
- Photos of the claimed hazardous conditions in your workplace.
- Medical bills dating back to the time of your claimed workplace accident.
- Testimony by your doctor outlining the nature and severity of injuries you incurred.
- Surveillance camera footage that captured your workplace accident playing out in real time.
- Your employer’s files on safety reports, maintenance logs on workplace equipment, and more.
- Testimony by your coworkers who witnessed the accident or saw the claimed hazardous condition.
- Testimony by a medical expert on how your injuries can be associated with railroad work, and more.
Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of one of the skilled FELA lawyers. Contact our office, Hildebrand McLeod & Nelson, LLP, right now; someone will be more than happy to speak with you.
