FELA Injury Claims Attorney
About FELA Injury Claims
When railroad employees are injured on the job, they are not eligible to file a typical worker’s compensation claim. All claims are subject to the Federal Employers Liability Act (FELA), while long-term disability and retirement benefits are administered by the Federal Railroad Administration (FRA).
In a worker’s compensation claim, the worker is only required to prove that he or she was injured on the job. No claim of liability by the employer is necessary. Compensation is then set and distributed by the appropriate state government agency.
Awards from successful FELA claims are usually much larger than those from state worker’s compensation claims; however, railroad employees making a FELA claim must prove that the injury they sustained on the job was caused by the owner or operator of the railroad company. This means that through some action or inaction in the workplace the railroad company is - at least in part - liable for the accident. The phrase “at least in part” is very important because it places a FELA claim into the “featherweight” category, meaning that the burden of proof for liability is small. If it can be proven that the railroad company is responsible, even in a minor way, then they will be found liable for the injury in the claim.
FELA Injury Lawyer
Filing a FELA claim can be tough, especially given the complexities of the process and its differences from workers' compensation claims. For these reasons, it is absolutely imperative that you seek guidance from a railroad injury lawyer before finalizing any claims processes. With the help of professional legal counsel you can feel secure knowing that the documents you have filed have been done so correctly and within the time limit allotted to you.
With the help of a railroad injury lawyer from our firm, you can rest assured that all of your filings have been made strictly following the laws that govern them. With a number of successful cases to our name in which we have recovered hundreds of thousands of dollars for our clients, you better believe that we will do everything in our power to obtain the same for you.
Contact a railroad injury attorneyfrom Arnold & Itkin LLP to schedule your free consultation today.