Railroad Worker Injury Claims under FELA
Working on the railroad is a dangerous job,
and every year thousands of railroad workers
are injured or killed on the job. An on-the-job
injury is a frightening event, which is life
altering at best, and at worst, devastating.
Because of the unique nature of railroading,
railroad employees have been afforded special
protection by a law passed by Congress in 1908,
the Federal Employers' Liability Act, or FELA.
Under this law, workers are entitled to make
a claim against their railroad employer when
they are injured at work and the injury was
caused, in whole or in part, by fault or negligence
on the part of the railroad. In cases of injury,
the worker may be entitled to compensation for
past and future wage losses, medical expenses
and pain and suffering. In cases of worker death,
the family members may be entitled to compensation
for their financial losses, loss of services
of the deceased and for any conscious pain and
suffering by the deceased.
Compensation by the railroad is anything but
automatic. And as such, not all injured rail
workers and their families receive just compensation.
Railroads retain a bevy of skilled claim agents
and attorneys who start work to protect the
interests of the railroad immediately after
a rail worker is injured. Witnesses are interviewed,
with careful crafting of statements, photographs
of the scene and equipment are taken and measurements
are made, all for use in defeating the worker's
claim or at least, minimizing it. The attorneys
and claim agents work for the railroad, not
the worker.
Because cases under FELA can be very complex
and the stakes are so high, injured rail workers
or their survivors need experienced and aggressive
attorneys to represent them successfully in
protecting their rights and protecting their
future. The Hubbell Law Firm has a history of
success in fighting the railroads on behalf
of injured rail workers and their families.
If you or someone you know has been injured
while working for a railroad, we at the Hubbell
Law Firm welcome the opportunity to visit with
you to discuss your potential claim. Contact
us immediately.
