Throughout modern American history, railroads have played a key role in helping the nation and its people expand their horizons. Due to the important role railroad workers have had over the years, Congress made sure they would be able to gain compensation should they be injured on the job by creating the Federal Employer's Liability Act, known as FELA. Similar to workers' compensation, FELA allows employees injured on the job to seek compensation for various damages. However, while FELA and workers' compensation have many similarities, there are also many key differences. If you are considering filing a FELA claim, always rely on the expertise of a Torrance train accident lawyer from Molchan Law.
Understanding FELA - Train Accident Lawyers Torrance
As stated previously, FELA is very similar to a workers' comp claim in that both will compensate employees for injuries suffered on the job. However, there is a major difference between FELA and workers' compensation. When filing a workers' comp claim, the injured employee is not required to prove the employer caused their injury in any way due to negligence or carelessness. But when filing a FELA claim, it must be shown that the employer was negligent and that the negligence led to the employee's injuries. Since FELA claims are very complex in terms of evidence, always consult with a train accident attorney Torrance railroad workers trust, such as Molchan Law.
Recovering Damages with a FELA Claim
When filing a FELA claim, an injured railroad worker can seek compensation for a variety of damages. For example, as with workers' compensation, the injured worker can seek compensation for medical expenses, lost income, and any disability that may result from the injuries. However, unlike workers' compensation, a FELA claim allows for other compensation as well. This includes past as well as future medical expenses, past and future lost wages due to the injury, loss of earning capacity, and pain and suffering associated with both the physical injuries and the mental and emotional anguish that may follow. If a FELA claim is filed, it is done so in state or federal court. Therefore, to ensure your lawsuit is properly handled, put your trust in train accident lawyers in Torrance from Molchan Law.
Injuries Covered by FELA Claims
While there are many types of damages that injured workers can be compensated for under a FELA claim, there are also numerous injuries that are covered by FELA. Common examples include traumatic injuries such as broken bones or joint and muscle pulls or sprains. In addition, repetitive motion injuries such as tendinitis and carpal tunnel syndrome are also covered by FELA. Along with these examples, other more serious injuries are also covered. For example, if a railroad worker suffers hearing loss, lung cancer, or asbestos-related conditions such as mesothelioma, these injuries are covered in a FELA claim. Finally, FELA also covers injuries that aggravate pre-existing conditions, meaning if the injuries accelerate or exacerbate a prior health condition, a claim can be filed by the worker. Due to the complexities involved with proving pre-existing conditions and other factors, work closely with a personal injury lawyer in Torrance who deals with these cases on a regular basis.
Must I Prove the Railroad Was Negligent?
When pursuing a FELA claim, you are required to prove the railroad was negligent and that the negligence resulted in you being injured. With most FELA claims, railroad negligence focuses on such aspects as failing to offer proper training to employees, failing to provide essential equipment and tools, not providing enough workers to handle certain tasks, and failing to create a safe work environment through the implementation and enforcement of occupational safety rules and regulations. However, since railroads are large companies, these aspects can at times be difficult to prove. To ensure your claim is successful, rely on a Torrance train accident lawyer at Molchan Law.
What If I Am Partially Responsible for My Accident?
Even if you are found to be partially responsible for your accident, it is still possible a train accident attorney Torrance victims know and trust can help collect compensation for your injuries. In these situations, if the court finds you were 50% responsible for the accident and awards you $40,000 in damages, you will recover approximately $20,000.
Statute of Limitations
Under federal law, you have three years to file a FELA claim from the date your injury occurred. If you fail to file within this time period, your claim will likely not be accepted. Therefore, always schedule a consultation with train accident lawyers in Torrance as quickly as possible after suffering your railroad injury.
Since many railroad injuries can be devastating and life-changing, do everything you can to obtain the compensation you and your family need and deserve. To get started, schedule a consultation with a personal injury lawyer in Torrance at Molchan Law.