Railroad Injury Claims Attorney
Worker vs. Non-worker Claims
Generally, there are two types of claims available to the victims of injury accidents: train accident claims and FELA claims. For a better understanding about the terms and conditions of these processes, click on the links below to learn more:
FELA Injury Claims
A typical workers' compensation claim cannot be filed by railroad employees injured on the job. Instead, railroad workers must file a Federal Employers Liability Act claim.
Train Accident Claims
Individuals who are not railroad employees but have been harmed in some type of train accident are legally allowed to file an injury claim.
The time you have to file an injury claim after a railroad or train accident will depend on whether or not you are an employee. Generally, employees have three years after the date of the injury to file a claim and non-employees have at least a year.
Railroad workers must file claims based on the Federal Employers Liability Act (FELA). The levels of liability and burdens of proof are different than those applied to victims who are not employees of a railroad company. Typical workers compensation benefits usually available to employees are not available to
railroad employees. Those benefits are administered by the Federal Railroad Administration.
Injured individuals who are not railroad employees do not have some of the advantages afforded by FELA. The requirement for proof of liability on the part of the railroad companies is higher. There is the possibility of more than one claim in some cases. Further complicating the matter, the railroad operator may not be the railroad owner. If railroad cargo is involved in an accident claim, the owner/shipper of that cargo may bear liability in the incident. Likewise, if there is equipment failure involved in a claim, the manufacturer of the failed component or the maintainer may be liable if they are different than the owner or operator of the railroad company.
Lawyer for Railroad Injury Claims
The complexities of filing a claim should not be attempted without the help and guidance of an experienced injury attorney. Filing is a sensitive and complicated matter that is best accomplished by a legal professional who knows exactly what to do in these types of situations. Especially considering the fact that your status will affect the type of claim you make and how you make it, you do not want to run the risk of mistakenly misfiling.
The legal team at Arnold & Itkin LLP knows how important it is to properly document a personal injury claim of any kind, particularly those related to train accidents and railroad injuries. When it comes to obtaining the compensation you need and deserve after any type of train accident,
work-site injury or the like, we will do everything in our power to make sure that you receive what you need.
For any type of accident, injury or claim that applies to your situation, you can contact a lawyer from Arnold & Itkin LLP to schedule a free consultation.