Working in the railroad industry can be both challenging and rewarding, but it also comes with its own serious set of risks. In the unfortunate event of an injury or fatality while working for the railroad, hiring an attorney who understands the complexities of the Federal Employers’ Liability Act (FELA) becomes paramount.
Navigating FELA requires expertise, and it’s crucial to enlist the services of a seasoned railroad lawyer who comprehensively understands railroad law. In O’Fallon, Illinois, one such firm stands out – Kujawski and Associates. We understand transportation law at both the federal and state level. Our goal is to keep workers in the rail transportation industry safe and, in cases where their health has been compromises, to ensure that they are properly compensated. As labor and employment laws and regulations become more and more weakened in todays society, we think it’s more important than ever to fight this fight. In this article, we’ll delve into the intricacies of FELA law and explain why having an experienced railroad lawyer is essential.
Hire a Railroad Attorney Who Understands FELA Law:
The Federal Employers’ Liability Act (FELA) is a federal law that protects and compensates railroad workers who suffer injuries on the job. Unlike workers’ compensation, which covers employees in most industries, FELA provides specific legal recourse for railroad workers, acknowledging the unique and often hazardous nature of their work.
Key Points of FELA:
- Negligence Standard: FELA is based on a negligence standard, meaning that to recover damages, the injured railroad worker must demonstrate that the employer or another employee’s negligence contributed to the injury. This differs significantly from workers’ compensation, where negligence is generally not a factor.
- Proximate Cause: FELA requires the injured worker to prove that the employer’s negligence was a proximate cause of the injury. This legal nuance emphasizes the need for a thorough investigation to establish a clear connection between the negligence and the resulting harm.
- Comparative Negligence: FELA employs a comparative negligence system, allowing the injured worker to recover damages even if they were partially at fault for the accident. The compensation is then reduced based on the degree of the worker’s negligence.
Why Hire a Seasoned Railroad Lawyer:
- In-Depth Knowledge of Railroad Industry: Railroad law is highly specialized, and a seasoned railroad lawyer possesses a deep understanding of the industry’s nuances, regulations, and safety standards. This knowledge is crucial for building a compelling case under FELA.
- Navigating Complex Legal Processes: FELA cases involve complex legal processes, including investigation, evidence collection, and negotiations. An experienced railroad lawyer has the skills to navigate these processes efficiently, ensuring that no crucial details are overlooked.
- Establishing Employer Negligence: Proving employer negligence is central to a successful FELA claim. A seasoned railroad lawyer knows how to investigate and gather evidence effectively, establishing a clear link between the employer’s negligence and the injuries sustained.
- Maximizing Compensation: FELA allows for a broader range of compensation compared to traditional workers’ compensation. A skilled railroad lawyer can help maximize the compensation by identifying all avenues available under FELA and advocating for the injured party’s rights.
Kujawski & Associates, LLC: FELA Lawyers in the STL Metro East
In the face of a railroad-related injury or fatality, FELA provides a legal framework for justice and compensation. However, the intricacies of FELA law necessitate the expertise of a seasoned railroad lawyer. In O’Fallon, Illinois, Kujawski and Associates stands as a reliable partner for those in need of legal representation in railroad injury cases.
By enlisting the services of a knowledgeable and experienced attorney, railroad workers can navigate the complexities of FELA with confidence, ensuring their rights are protected and just compensation is secured.
Call us today: 618-622-3600 Toll-Free 800-624-4571