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, now may 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 takes place, 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 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 their
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 "contingent basis". You do not have to pay any money to secure our services. You only pay if we 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 Pearlman and Pianin's 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 Pearlman and Pianin PLLC 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
LIABILITYACT
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 nation's 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 the 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 those
more easily measured in dollars. The biggest
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"
Although an employee or his family have the right to seek recovery for damages, before they can accomplish this they must be able to show that the Railroad was at fault. This is called negligence. Under the 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 his/her 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 Pearlman and Pianin, PLLC, 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 Pearlman and Pianin PLLC, have handled over one thousand claims against various Railroads. We will protect your Rights and maximize your recovery.
Pearlman and Pianin, PLLC, offers our clients more than 90 years of combined professional legal representation. Contact us at 1.800.272.5400 for a free consultation.
