When railroad workers suffer an injury on the job, the process for seeking compensation is markedly different from that of most other industries. If you find yourself in such a situation, partner with Cahill & Perry, P.C. Attorneys at Law.
Railroad workers do not receive traditional workers’ compensation. Instead, they are covered under the Federal Employers’ Liability Act (FELA), a distinct legal framework established to protect railroad workers injured on the job. FELA is markedly different from conventional workers’ compensation systems in several crucial ways, each designed to address the unique risks associated with railroad work.
Burden of Proof
Under traditional workers’ compensation systems, benefits are generally provided on a no-fault basis, meaning employees can receive benefits regardless of who is at fault for their injuries. In contrast, FELA requires injured railroad workers to prove that the railroad’s negligence contributed to their injury. This requirement for proof of negligence is essential for a claim to be successful under FELA, adding a layer of complexity to the compensation process.
Types of Damages
Workers’ compensation typically covers only medical expenses and a portion of lost wages, and does not compensate for pain and suffering or other non-economic damages. FELA, however, allows for a broader range of compensation. This includes full medical expenses, total lost wages, pain and suffering, diminished future earning capacity, and future medical costs. This comprehensive approach to compensation acknowledges the severe impact injuries can have on a railroad worker’s life and career.
Settlement and Litigation Process
The process for resolving claims also differs significantly between workers’ compensation and FELA. Workers’ compensation claims are usually resolved through a streamlined administrative process, which typically avoids court proceedings and aims to provide quick financial assistance to injured workers. FELA, on the other hand, offers the possibility of settling claims or going to trial. This legal process can lead to more substantial settlements through court judgments but may involve a more extended litigation period compared to workers’ compensation.
Our skilled New Haven, CT railroad injury lawyers at Cahill & Perry, P.C. Attorneys at Law have secured numerous favorable outcomes for injured railroad workers under FELA. Detailed case results can be explored on our case results page.
While traditional workers’ compensation offers certain advantages, FELA provides railroad workers with several unique benefits:
Handling the complexities of FELA claims requires thorough knowledge of the law and a strategic approach to each unique case. At Cahill & Perry, P.C. Attorneys at Law, our extensive background in railroad injury law and consistent focus on railroad worker rights equip us to provide significant support and guidance to those injured on the railroad.
If you are dealing with the consequences of a railroad injury, securing proficient legal support is critical to manage the challenges of FELA effectively and to maximize your compensation benefits. If you’re looking for assistance with a railroad injury or FELA claim, don’t wait. Contact us today to see how we can help you secure the justice and compensation you deserve.
If you are a railroad worker who has been injured on the job, you need a lawyer who understands the complicated FELA claims process. Find out how we can help you receive the compensation you deserve.
Protecting Injured Railroad Workers,
Passengers And Families
40 years of experience
43 Trumbull Street
New Haven, CT 06510
Toll Free: 800-654-7245
Phone: 203-777-1000
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New York, NY 10174
Toll Free: 800-654-7245
Phone: 212-453-7300
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