Have you or a loved one been involved in a railroad accident? Check out these 3 railroad accident tips, then contact our Tampa lawyers today.
Injury is Caused by Someone Else
If one of your co-workers plays a part in your injury and they are negligent however slight, it doesn’t matter because you have a claim under the FELA and against your railroad employer. They are responsible for the negligence or the carelessness of you co-worker.
Rights As a Railroad Worker
If you are a railroad worker injured on the job you have the right to file a claim against the railroad for injuries suffered while on the job as a result of the negligence of the railroad or even of a co-employee, and that negligence need not be overwhelming. The way the federal employer’s liability act reads is that any negligence however slight brings about a claim against the railroad under the FELA.
Not Covered with Work Compensation
As a railroad worker injured on the job you are not eligible for worker’s compensation because there is a federal statute that has been in effect since approximately 1905 called the federal employer’s liability act. This actually provides more benefits to you than workers compensation. Under worker’s compensation an injured individual is normally entitled to recover 2/3 of their wage loss and all of their medical bills. They are not entitled to recover pain and suffering or non-economic damages.
Under the FELA, an injured railroad worker is entitled to receive all of his wage loss, have all of his medical bills paid and have a claim for non-economic damages such as pain and suffering, mental anguish, inconvenience, disability, impairment and loss of the ability to enjoy life’s pleasures. Under the FELA you have much more extensive protection and can file much larger claims than can an individual entitled to worker’s compensation.
Have you or a loved one been involved in a railroad accident and have questions about these 3 railroad accident tips? Contact our Tampa Railroad Accident Attorneys for a free legal consultation and case evaluation to get started on your claim.
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