Working on the railroad is an extremely dangerous profession. Every day you are faced with many hazards, especially if your employer fails to follow federal and state safety regulations. For generations, railroad workers have been severely injured and have failed to gain compensation for those injuries. Thanks to laws such as the Federal Employers Liability Act, workers are now protected nationwide. But accidents still happen and you need to know what your next steps are.
If you were injured while working for a railroad company, you may be able to submit a claim under FELA. But before filing suit, you’re going to need an experienced New Jersey railroad worker injury lawyer to help you with your claim.
For more than 35 years, Jersey City FELA lawyer Anthony Carbone has been helping clients throughout New Jersey with their injury claims against their employers. With aggressive and relentless legal representation, we make sure you get the compensation you need to recover from your injuries.
Proving Liability Under FELA
In 1908, Congress had passed the Federal Employers Liability Act to protect railroad workers across the nation who had trouble bringing a claim against their employers. Before the act was established, railroad workers were getting injured at a worrisome rate and were denied workers compensation benefits from their employers. Today, the act protects all railroad workers from injuries sustained on the job.
However, unlike workers compensation, a railroad worker must prove that the employer’s actions are what caused his/her injuries. According to the law, railroad companies own their workers a number of duties such as:
- Providing a safe work environment
- Inspect the work environment to ensure that it’s hazard free
- Providing adequate training, supervision, and assistance to employees in their jobs
- Ensure workers are safe from harmful intentional acts of others
- Enforcing safety rules and regulations
- Preventing use of unreasonable work quotas
Proving liability in these types of cases is not as difficult as your typical personal injury case. All you need to show is that the employer was negligent, no matter how small it is in relation to the injuries you have suffered.
What Type of Compensation Will You Receive?
Just like any other personal injury case, the compensation you can get from a FELA claim includes:
- Lost wages, including any wages you will be losing in the future
- Medical bills, past and future
- Pain and suffering
- Mental distress
If the worker unfortunately dies because of injuries relating to a railroad accident, then FELA will provide compensation to the worker’s family.
It’s important to note that the defense will try to show that your own negligence caused the injuries. If this is the case, then you may not get a full amount of the compensation that you deserve. This is why it’s crucial to have an experienced railroad worker injury lawyer like Anthony Carbone by your side.
If you or a loved one was injured while working for the railroad, get the help that you deserve now. Contact Jersey City FELA attorney Anthony Carbone today for a free consultation.