Railroad Employee Hit and Seriously Injured by Rail Car
An employee of CSX, a large railroad transportation supply company, was hit by a railroad car in Nashville. Metro police indicated that the employee suffered serious injuries as a result of the collision, according to the Tennessean.
If you or a family member works for a railroad and got injured on the job, you may be wondering, “How do I get compensated for my injuries? Is it through workers compensation?” This is a good question because the answer is no. Railroad workers are able to pursue compensation for their injuries through a unique federal law enacted in the 1930s known as the Federal Employers Liability Act (FELA).
Overview of the FELA
Congress passed the FELA due to the inherent dangers that come with working in and around a rail yard. The FELA supplies a legal basis for injured workers to recover financial restitution for injuries suffered as a proximate cause of the negligence of the railroad company, including its employees. The FELA is unique because it actually gives an injured worker the choice to file a lawsuit in state court or federal court.
The FELA also lowers the evidentiary burden of proof for railroad workers. You simply need to introduce evidence showing that you suffered injuries, in whole or in part, because of the negligence of the railroad company. Furthermore, if there is evidence that the railroad violated a safety statute or regulation, the railroad will be held strictly liable for your harms and losses.
Financial Compensation Available to Injured Railroad Workers Under the FELA
The financial compensation that may be recovered by an injured railroad worker under the FELA includes:
- Reimbursement of lost income.
- Reimbursement of all incurred medical bills, and future medical expenses.
- Pain, suffering, mental anguish, and emotional distress associated with the incident and resulting injury.
Benefits of Retaining an Experienced Railroad Injury Lawyer
Do not make the mistake of trying to get your claim settled without the assistance of a trained and skilled Nashville railroad injury attorney. The big railroads have teams of skilled claims adjusters, investigators, and high-priced defense attorneys to defend themselves against any FELA claims brought by a worker. Dealing directly with a claims adjuster for the railroad puts you at the mercy of that adjuster. And never forget that the adjuster is not your friend. Their objective is to reduce to deny your claim to the lowest amount possible.
Hiring an experienced personal injury attorney who knows the FELA is the right decision. It will take the burden off of you to negotiate your claim and the attorney has the resources to conduct a thorough investigation into the cause of your accident and resulting injuries.
Contact a Nashville Railroad Accident Attorney Today
If you or a loved one was seriously injured while working for a big railroad company, you have the right, under the FELA, to pursue financial restitution. Let Calhoun Law, PLC help. Our Nashville attorneys work tirelessly on behalf of our clients and offer free, confidential case reviews.