Every year, countless railroad workers face the risks and uncertainties of their industry, enduring harsh working conditions, and in unfortunate instances, sustaining injuries. But what happens after the injury? Who’s responsible for covering the costs of you medical treatment?
Railroad jobs, while essential to our transportation and economy, are accompanied by an array of risks. Given the nature of the industry, a vast range of injuries can occur, each with its own set of challenges and medical requirements.
Here’s a list of common railroad injuries that necessitate medical treatment.
When confronted with these misfortunes, it’s essential to understand where the responsibility for payment of medical treatment lies. Enter the Federal Employers’ Liability Act (FELA) – a pivotal piece of legislation that has been protecting the rights of injured railroad workers for over a century.
The Federal Employers’ Liability Act (FELA), codified at 45 U.S.C. § 51-60, offers a distinct approach from traditional workers’ compensation systems. While most workers’ compensation programs operate on a no-fault basis, FELA shifts the burden onto the injured railroad worker to demonstrate negligence on the part of their employer.
In concrete terms, a worker seeking benefits under FELA must provide evidence that the railroad company’s negligence, be it total or partial, was a causative factor in their injury. Such negligence can manifest in various ways, such as:
Initiating a FELA claim involves the injured party formally filing a complaint against the implicated railroad company. Success hinges on their ability to convincingly show that the company’s negligence played a role in the injury sustained. Given the intricacies of the law and the burden of proof required, potential claimants often seek experienced legal representation to navigate this process effectively.
If you are not a railroad worker and you are injured in a railroad accident, you may still be able to recover compensation for your medical expenses. However, you will need to prove that the railroad was negligent. This can be difficult to do without the help of an experienced railroad injury lawyer.
Settlement amounts in railroad injury cases are determined by a combination of specific factors. Primarily, the amount hinges on:
Injury Severity: More severe injuries typically result in higher settlements due to the extensive medical care and potential long-term effects they impose.
Company’s Negligence: The degree to which the railroad company was negligent plays a pivotal role. Greater negligence often translates to higher compensation.
Medical and Rehabilitation Costs: Direct expenses, from immediate medical treatments to prolonged rehabilitation, factor into the settlement calculation.
Cases involving significant injuries, such as shoulder or back injuries, frequently result in substantial settlements. This is attributed to the lasting impact they have on an individual’s capacity to work and overall quality of life.
Railroad injuries, with their unique legal landscape, require specialized knowledge. Cahill & Perry, P.C. Attorneys at Law have been instrumental in guiding injured workers through the maze of FELA claims, ensuring they receive the compensation they rightly deserve.
If you, or someone you know, have been affected by a railroad injury, it’s crucial to act swiftly. Reach out to a dedicated railroad injury attorney who understands the intricacies of these cases.
It’s not just about getting medical costs covered; it’s about ensuring justice is served and that workers are adequately compensated for their pain, suffering, and future uncertainties.
Don’t be left in the dark when it comes to your rights and entitlements. Take control, seek legal guidance, and pave the way for a secure and fair future.
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
470 Atlantic Avenue, 4th Floor
Boston, MA 02210
Phone: (617) 217-2920
405 Lexington Avenue, 26th Floor
New York, NY 10174
Toll Free: 800-654-7245