Dietrich Law Firm P.C.`s team of highly experienced lawyers strives to achieve the best outcome for those injured in Buffalo, New York and beyond. Jed Dietrich, Esq., recognized as a New York super lawyer, and his experienced team of railroad injury attorneys will thoroughly investigate the facts surrounding your accident to determine if it is possible to make a FELA claim. FELA grants employees legal rights, even if they do not work directly with the train. Contact the seasoned lawyers at Dietrich Law Firm P.C. today for your free consultation. We are available 24 hours a day, 7 days a week by calling 716-839-3939 or filling out the online consultation form. The Federal Employers` Liability Act (FELA) was enacted by Congress in recognition of the dangers inherent in employment in the railroad industry. It provides a legal basis for injured workers to obtain financial compensation for damage suffered as a result of the negligence (total or partial) of a railway undertaking, its agents, servants or employees. Instead of researching these legal issues alone, we ask that you contact one of our award-winning attorneys who will sit down with you, review your case, answer your questions, and clearly explain your rights and options in a free, non-binding consultation. Our experienced lawyers handle all assault and wrongful homicide cases on a conditional basis, so we only get paid if we win. If for some reason you cannot come to our office, we will be happy to come to you. The Federal Employers` Liability Act (or FELA, as it is commonly known) provides a right of action for railway and railway employers if they are injured on the job. Essentially, plaintiffs must prove that the employer was legally negligent, so in this respect this is a specific type of general negligence case.
Cases of negligence require a plaintiff to assert and prove that the defendant acted improperly in the circumstances or, in other words, that a reasonable person would have acted differently in a similar situation. If you or a loved one was seriously injured in a train accident while employed as a railroad worker, it is important that you understand your legal right to compensation for these injuries under FELA. You can also read what to do if you are injured in a train accident. FELA should not be assigned automatically. Unlike the State Workers` Compensation Act, felA requires the injured railway worker to prove that the railway was at least partially “legally negligent” for causing the injury. [8] After proof of negligence, the injured railway worker is entitled to full compensation. This compensation is generally much higher than that granted by state workers` compensation for non-railway workers. 4. The defendant`s negligence caused the plaintiff`s breach: Negligence often involves various acts or omissions, such as lack of employee training, failure to follow safety rules, and improper maintenance of equipment. After an accident, many injured people and their families want more information about the accident and their legal rights. Therefore, many of them have found their way to these sites.
While we`re glad you`re here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick and invaluable reference for Tennessee Tort Law lawyers. While the book provides the main case for over 300 tort law topics and thousands of related case citations, it does not replace personalized legal advice from a qualified attorney. FELA and workers` compensation claims relate to incidents arising from work environments. Therefore, it is not uncommon for people to confuse the two. However, there are important differences that distinguish them from each other. More importantly, while many state employee compensation claims do not require plaintiffs to prove guilt, the federal FELA scheme requires plaintiffs to prove that the defendant employer acted with legal negligence. The time it takes to process a FELA claim may also be affected by the nature of your violation. A serious back injury leading to surgery obviously takes longer to determine the degree of durability than a broken finger. A claim should never be resolved or brought to court until the parties have been able to properly assess the severity and duration of your violations. FELA was enacted in 1908 and provides federal recourse to railroaders who suffer damages caused by the negligence of employers or co-workers. The Third Circuit Court used a four-part test to determine liability under the federal Employers` Liability Act.