Railroad employee injuries work differently from other types of workplace injuries. A skilled, aggressive Florence railroad injury lawyer could help you collect the compensation you deserve for a serious injury. Contact the seasoned personal injury attorneys at Busald Funk Zevely P.S.C. today to schedule a consultation. We have helped many railroad workers collect the funds they are owed, and we will fight ferociously on your behalf.
About Railroad Injuries
Railroading is among the most dangerous professions in the nation, so the US government provides special protections for railroad workers. The Federal Employers’ Liability Act (FELA) was enacted in 1908, and it explicitly protects railroad workers across the nation, including those in Florence.
Put another way, railroad employees injured at work will not be eligible for Workers’ Compensation, but they can collect more compensation for their injuries through FELA. It helps to hire a seasoned railroad injury attorney in Florence who understands these cases and the burden of proof.
About Negligence & The Burden of Proof in FELA Claims
One of the significant differences between Workers’ Compensation (WC) and the Federal Employers’ Liability Act (FELA) is that FELA claimants must prove negligence on the part of the employer.
What is Negligence?
In legal language, negligence is a failure to act reasonably or responsibly. FELA applies to railroaders injured due to employer negligence.
Every case is unique, but employer negligence can manifest in hundreds of ways.
Examples of Railroad Employer Negligence
Examples of possible employer negligence could include (but are not limited to):
- An employer forcing exhausted staff to work through their break periods
- Employers ignoring weather warnings, heat index, lightning storms, and other hazardous conditions
- Failure to ensure employees are adequately trained on heavy machines or delicate equipment, which leads to injuries to themselves or others
Generally, FELA claims involve injuries that occur at the work site. However, if a railroader operates a company vehicle off-site and is injured in an accident caused by the employer’s negligence, such as failing to maintain the tires or brakes, FELA may still apply.
However, a railroad employee injured in their vehicle during their daily commute to work is likely not eligible for a FELA claim.
What is the Burden of Proof in a FELA Claim?
FELA claimants must prove negligence on behalf of their employer and prove that negligence led to the accident and injury. This can be complicated, but a talented Florence railroad accident injury attorney could help, especially if the employer is playing games to avoid admitting their liability.
Lawsuit-savvy employers may attempt to downplay an employee’s injury. They may lose key documents related to the accident. Eyewitnesses may be transferred to another location and become difficult to contact. For these reasons, an injured employee should hire an experienced attorney who regularly handles railroad injury cases and understands the tactics employers might use.
Call a Skilled Florence Railroad Injury Lawyer Now for More Help
If you got hurt at work, call a talented Florence railroad injury lawyer at Busald Funk Zevely P.S.C. today. We bring decades of experience to every claim, and we will fight aggressively for your rights to compensation. Our award-winning injury attorneys have been helping railroaders collect the money they are owed since 1971. Contact us today to book your complimentary consultation.