Dealing with a work injury is always a frustrating scenario, especially when your work injury involves a 5,000-ton train. The Tampa railroad injury attorneys at Morgenstern & Herd protect the legal rights of railroad workers in Florida who have been seriously injured on the job. We will work with you to obtain all of the benefits that you are eligible for.
Legal Rights of Railroad Workers in Florida | Federal Employees Liability Act (FELA)
The Federal Employees Liability Act (FELA) protects injured railroad employees and provides compensation and money damages for those injuries. Employees have a right to bring a direct claim and lawsuit against their employer.
Under FELA, an injured railroad worker is entitled to recover not only the time or wages lost, but to be paid all expenses for medical treatment, pain and suffering, and any permanent injury, whether partial or total. Our Tampa Personal Injury Attorneys are experienced at investigating, negotiating, and trying railroad cases.
Legal Rights of Railroad Workers in Florida | Workers’ Compensation
As a railroad worker injured on the job you are not eligible for workers’ compensation because there is a federal statute that has been in effect since approximately 1905. This act is called the federal employer’s liability act and it actually provides more benefits to you than does worker’s compensation. Under workers’ 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 what we call 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 workers’ compensation.
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If you have been a victim of a serious railroad injury even if you are not a railroad worker, contact our experienced Tampa Railroad Injury Attorneys to fight for you!