Columbus FELA Railroad Accident Attorney
The Federal Employers Liability Act (FELA) has been in place since 1908 to protect injured railroad workers. If a worker can prove that the railroad contributed to the injury through an act of negligence, he or she can receive compensation for past and future damages. Hiring a railroad accident attorney from Elk & Elk can help you handle your FELA claim and secure fair recovery. Let us walk you through the fault-based system, starting with a free consultation in Columbus. Request yours today.
Why Choose Elk & Elk?
- Our firm has provided high-quality legal representation for injured accident victims for over 50 years.
- Our attorneys undergo long consultation processes with prospective clients to craft personalized legal strategies.
- Our lawyers operate on a contingency fee basis. You will not pay unless we win a financial settlement or verdict for you.
When to Contact a FELA Attorney
FELA is similar to workers’ compensation in that it provides financial recovery for injured employees. However, FELA is a fault-based system while workers’ compensation is not. To qualify for FELA benefits, an employee has to prove that the railroad was negligent in some way, and that this negligence caused the accident. Hiring a lawyer can lighten this burden of proof for you as an injured railroad worker. You can concentrate on your physical recovery while your attorney works on proving liability for your accident. A lawyer will make sure an insurance company does not convince you to settle for too little.
Common Railroad Accidents
Railroad workers can suffer involvement in devastating accidents when an employer, coworker, or product manufacturer is negligent. At Elk & Elk, our lawyers have seen firsthand how debilitating railroad accident injuries can be for victims. We have the tools to help injured employees no matter what the circumstances of the accident.
- Struck by object
- Slip/trip and fall
- Act of violence
- Exposure to hazardous substances
Railroad accidents can cause catastrophic injuries such as loss of limb, traumatic brain injuries, and severe burns. Railroad workers may never fully recover from the injuries they suffer at work because of an employer’s negligence. If you suffered life-changing injuries or lost a loved one in a Columbus railroad accident, our attorneys can help you through the FELA claim process.
Causes of Railroad Accident Injuries
Identifying the party that caused your work-related injury is one of the main steps during a FELA claim. It is up to you or your attorney to prove fault for your injuries. A law firm can investigate your accident and determine its proximate, or main, cause. Many different things could cause serious worker injuries in a rail yard.
- Lack of employee training or protective gear
- Defective tools or equipment
- Failure to conduct safety inspections
- Unsafe workplace
- Unreasonable amounts of work
- Inadequate supervision
- Lack of enforcement of safety regulations
- Lack of communication among personnel
- Intentional acts of violence
The railroad might be liable for your damages through the rules of FELA if it or one of its employees negligently caused your injuries. Although you have to prove the railroad’s fault to receive compensation, a successful FELA claim could result in greater financial recovery than workers’ compensation. Getting a lawyer’s assistance with a FELA claim can make the process easier on you and your family.
Comparative Negligence in FELA Claims
FELA uses the doctrine of comparative negligence. During your injury claim, the jury may assign a percentage of negligence to more than one party. Multiple defendants may owe you compensation for your medical bills, lost wages, and other damages. If you contributed to your injuries, you may absorb a percentage of fault. This will not, however, block you from recovery. You can still receive partial compensation for your damages.
Call Elk & Elk for a Free Consultation
FELA can cover your damages for bodily injuries, illnesses (including asbestos exposure and mesothelioma), repetitive stress injuries, and psychological trauma. To optimize your odds of success with a FELA claim, hire an attorney. Schedule a free case evaluation in Columbus with an injury attorney from Elk & Elk. Call (614) 230-0634 or contact us online today.