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There is no question
that most railroader's really enjoy what they do.
The pay is good and the work is challenging.
However, the work is also very dangerous. Signal
failure, brake failure, defective equipment, poor
communication and numerous other unsafe conditions
may result in a tragic railroad accident that
injures or takes the life of employees. Railroad
work is very similar to that of policemen or firemen
who work in your community. The days and nights on
the job are usually filled with enjoyable
experiences and camaraderie, but danger is always
lurking around the corner. When an accident occurs,
the railroad employee suddenly faces new
responsibilities that may dramatically change his or
her life. Family duties previously shared by both,
may now rest in the hands of one. The injured
Railroad Employee must be prepared to protect his or
her rights under the F.E.L.A. Statute.
When an accident occurs, the railroad's claims
department, lawyers and officers are immediately
involved in the investigation. Each one of these
individuals has a specific job to perform in order
to protect the best interests of the company.
Whether they go to the accident scene, accompany the
injured employee to the hospital, talk to the
witnesses, fill out the reports or visit the family,
the railroad is AT ALL TIMES working to
establish evidence that will minimize or remove its
responsibility for the injured employee and his or
her family.
As an injured railroad employee, you must remember
and understand that the railroad will do all in
their power to prove that the accident was YOUR
Fault, not their fault. If the railroad is
successful, you and your family could receive no
compensation whatsoever. The railroad will spend
thousands of dollars and man hours in an effort to
eliminate its liability for the damages resulting
from the accident. You must be prepared to do the
same to protect your interests. In the following
text, you will learn how to protect your rights when
your life is suddenly changed by a railroad injury.
USE
YOUR RESOURCES
When you and your
family utilize experienced F.E.L.A. Attorneys to
REPRESENT YOU in your claim against the
Railroad, you have taken the first step to protect
your rights under the F.E.L.A. Statute. Our firm
will handle your case on a "contingency ". You do
not have to pay any money to secure our services.
You only pay a fee when you win. This permits
you to participate in the legal system and gives you
access to all of the resources that you do not
otherwise possess. Our firm will deal with the Claim
Agents, Company Officials and others who would
attempt to destroy your claim. If any of these
individuals contact you, just tell them - "Call my
Attorney!" Your case will get the full attention of
our experienced F.E.L.A. Attorneys, Paralegals,
Legal Staff and Investigators, who will work as a
team to protect your rights. Gain the advantage, put
us to work for you as soon as possible.
Please do not make any statements or sign any
releases until you at least CONSULT with one of our
Attorneys. PROTECT YOUR RIGHTS!
FEDERAL EMPLOYER'S
LIABILITY ACT
F.E.L.A.
The Federal Employer's
Liability Act, sometimes referred to as F.E.L.A., is
the Federal Statute that protects railroad workers
and their families when an employee suffers injury
or is killed while working for a railroad company.
This Statute was enacted by the United States
Congress in 1908. It has been amended several times
since, to provide additional rights to injured
railroad employees. Prior to 1908, the number of
railroad workers killed or injured while working on
the nations railroads was completely out of hand.
The life expectancy of a railroad switchman was
approximately seven years and a brakeman had one
chance out of five to die a natural death. In 1908
alone, 4,534 railroad workers were killed while
performing their duties. F.E.L.A. was a major piece
of legislation that made a significant impact on
railroad safety. Before F.E.LA., most tort laws
favored the Railroad Companies and the Railroads
owed no responsibility to the thousands of widows
and families of the employees who lost their lives.
With this Act, the railroad companies were made to
realize that they could no longer escape liability
for their negligent actions. F.E.L.A. not only
protects railroad employees, it protects their
families and the general public. The Safety
Appliance Act, Locomotive Inspection Act, Accident
Reports Act and all related Railroad Safety Acts all
play a part in determining the negligence of the
carrier under the Federal Employer's Liability Act.
COMPENSATION FOR DAMAGES
UNDER F.E.L.A.
Railroad Employees are
not covered by any State Worker's Compensation
program if they are injured on the job. To recover
damages under F.E.L.A. it is necessary to establish
negligence on the part of the railroad.
Under the F.E.L.A. Statute, a Railroad Employee may
recover damages for injuries suffered while he or
she was working at the railroad. If the employee was
working at the time of the incident, the injured
worker must prove that the accident was caused in
whole or in part from the negligence of the
Officers, Agents or employees of the Railroad. If
the proofs establish the negligence of the railroad,
the employee may recover damages for wage loss,
future wage loss, medical expenses, future medical
expenses, rehabilitation expenses, damages for pain
and suffering, humiliation, embarrassment and loss
of enjoyment of life. Under F.E.L.A., the employee
may recover money from the railroad as compensation
for these losses. Damages may be divided into two
categories: economic losses and non-economic losses.
Economic losses are more easily measured in dollars.
The largest component usually is lost wages. It also
includes lost benefits and cost of replacement
services. Non-economic damages include pain and
suffering, and the loss of enjoyment of life. In
situations where the employee's injuries result in
death, family members who are financially
dependent on the deceased employee may
recover loss of economic benefits as a result of the
employee's death. If it can be shown that the
deceased consciously suffered before his or her
death, then additional damages may be recoverable
without financial dependency.
Railroad employees are not limited to recovery of
damages for injuries caused only by provable,
specific accidents. A railroad employee suffering
from an occupational disease related to his or her
employment on the railroad may also recover damages
under F.E.L.A. Retirees are also covered under the
Act if their injuries were sustained during their
employment with the Railroad. If any occupational
diseases or illnesses have occurred as a result of
being exposed to any unsafe conditions while working
for the railroad, the company may be responsible for
damages suffered as a result of their exposure.
CONTRIBUTORY NEGLIGENCE
&
"AT FAULT"
While an employee or
his family have the right to seek recovery for
damages, before this can be accomplished they must
be able to show that the railroad was at fault. This
is called negligence. Under F.E.L.A., if the
Railroad is at all at fault, no matter how slight,
recovery will be allowed.
If a railroad can prove that the accident or injury
was the result of the employee's own actions or
negligence and the railroad was in no way
responsible, the employee may not be allowed to
recover damages. The employee could get zero -
nothing at all. If the Railroad can prove that the
employee contributed, in some way, to his/her
accident or injury the recovery will be reduced by
the employee's contributory negligence. Because of
the potential danger to an employee's right to
recovery caused by the defense of contributory
negligence, it is advisable that injured employee or
their spouse consult with Arvin J. Pearlman &
Associates, P.C. before they make any statements or
deal with company claim agents or company lawyers.
If the accident or injury is the result of a
defective railcar or locomotive the railroad may be
absolutely at fault and contributory negligence may
not be a defense.
ATTORNEY REPRESENTATION
"PROTECTS YOUR RIGHTS"
Are you required to be
represented by an attorney if you are injured while
working on the railroad? The answer is no. Should
you have an attorney represent you when you are
injured at the Railroad? The answer is YES.
Most railroaders are unequipped to deal with the
complexities of the F.E.L.A. Statute and the
potential problems that can arise in any case. The
Attorneys at Arvin J. Pearlman & Associates, P.C.,
have handled over one thousand claims against
various railroads. We will protect your rights and
maximize your recovery.
Arvin J. Pearlman & Associates, P.C., offers our
clients more than 60 years of combined professional
legal representation. Contact us at
1.800.272.5400
for a free consultation.
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