Dayton FELA Railroad Accidents
Railroads can be a dangerous place to work in the Dayton area. However, as a railroad worker, you can receive compensation for any injuries sustained on the job under FELA. While this act is in place to safeguard employees, it can be difficult to obtain compensation without an attorney.
If you are struggling with obtaining compensation for your railroad injuries, Elk & Elk can help. Our attorneys have experience in multiple areas of workers’ compensation law, including FELA claims.
Why Choose Elk & Elk?
- Our attorneys have secured over $1 billion in settlements and verdicts for our clients over our years of operations.
- We will always maintain an open, honest line of communication with you throughout the duration of your case.
- Our firm understands that railroad injuries can be devastating. We will always make house calls and hospital visits whenever necessary.
What Is FELA?
FELA stands for the Federal Employers Liability Act, which lawmakers enacted in 1908 to protect and provide compensation to railroad workers who suffer injuries on the job. Railroad work is a notoriously dangerous profession, with employees suffering injuries from heat stroke, falls, defective machinery, and more. Employees can receive FELA compensation if they can prove that their employer was negligent or partially negligent.
Employees can receive compensation for lost wages and medical expenses under FELA. Unlike workers’ compensation, which does not require proof of negligence, FELA is a fault-based system. Either the employer, another employee, a contractor or agent, or a faulty piece of equipment must be at least partially responsible in order for the employee to receive compensation. This system can make FELA compensation very difficult to obtain without the assistance of a FELA accident attorney.
How to Prove Negligence in a FELA Case
If someone else’s negligence led to your injuries while you were working on a railroad, you will need to establish this negligence to receive compensation. You will have to prove the following elements to successfully prove your case.
- You will have to prove that the at-fault party owed you a duty of care. For example, your employer owes you a duty to operate a safe workplace free of hazards and safety violations.
- Next, you will need to prove that the at-fault party breached his or her duty of care. For example, your employer failing to honor a federal railroad safety statute would be a breach of care.
- Next, you will have to prove that this breach of care led to your injuries. For example, if your employer failed to provide safety equipment for a certain task and you suffered injuries due to a lack of protection while performing this task, you can establish a breach of care.
- Finally, you will need to prove that you suffered injuries that FELA can compensate you for as a result of the breach of care. Your medical records can help establish this fact.
What to Do After a Railroad Accident
The moments after a railroad accident can be confusing, but they are vital to the establishment of your FELA claim. If you are suffering from serious injuries, call 911 immediately to receive emergency medical services. If you can safely move and act after your accident, take the following steps to boost your claim.
- Talk to your coworkers and tell them where and how you suffered injuries, as well as the unsafe condition.
- Fill out a FELA accident report identifying the unsafe condition.
- Visit your doctor to receive follow-up treatment for your injuries and tell him or her about the accident.
- Contact a FELA attorney as soon as possible to help you see your claim through the FELA process.
Get Experienced Legal Guidance
If you are injured on your railroad job and are struggling with your FELA claim, Elk & Elk can help. Our attorneys have the resources and experience necessary to secure the compensation you need. Contact us today to schedule your free consultation at our Dayton offices.