If you were injured on the job as a railroad worker, you may be entitled to financial compensation to aid in your recovery. You must know not to pursue a workers’ compensation claim, as you are uniquely protected by the Federal Employers’ Liability Act (FELA). And so, with a FELA claim, you are not simply suing an insurance company, but rather holding the appropriate party liable for their negligent behaviors and actions. With that being said, please follow along to find out who should be held liable in your upcoming claim and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson LLP can help you prove their negligence effectively.
Who is supposed to be the liable party in my FELA claim?
Specifically, under FELA, the railroad company with whom you are employed is supposed to be the liable party in your FELA claim. This is regardless of whether the railroad company itself behaved or acted negligently or if it was one of its officers, agents, or employees.
Further, it is worth mentioning that the railroad company does not necessarily have to be entirely at fault. Even if it was found to partially contribute to your railroad accident event, they may be held accountable in the legal claim you pursue against them. However, please know that your recovered damages may be proportionally adjusted based on this fact.
What elements do I need to prove as true in my FELA claim?
To reiterate, as the plaintiff of a FELA claim, you must effectively prove that your railroad company employer was partially or entirely at fault for your accident and subsequent injuries and damages. For this, you must establish the following elements as true:
- You must prove that your railroad company owed you a duty of care to offer reasonably safe working conditions.
- You must prove that your railroad company failed to identify and address unsafe working conditions in a timely manner.
- You must prove that your railroad accident was directly caused by these unsafe working conditions.
- You must prove that you incurred bodily injuries as a direct result of your railroad accident.
- You must prove that you are suffering from economic and non-economic damages as a direct result of your bodily injuries.
While there are many ways your railroad company could have made your workplace unsafe, you must provide a specific example. This may be that they failed to administer proper training, failed to enforce safety rules and regulations, or otherwise. Whatever the exact case was, you must supplement your claim with photos and videos, witness testimonies, medical records, and a plethora of other tangible evidence.
To conclude, if you require additional consulting, look no further than one of the talented FELA lawyers from Hildebrand McLeod & Nelson LLP. Schedule your initial consultation with us today.
