Jackson Railroad Employee Injury Lawyer
If you work on a railroad, you are well aware of the dangers you face on a daily basis. There are so many potential safety hazards. This was especially true more than 100 years ago. Because of this, Congress passed the Federal Employers Liability Act (FELA) in 1908.
FELA protects thousands of railroad workers across the country. This act provides a remedy for railroad workers who are injured during the course of employment. Unlike workers’ compensation, FELA allows injured railroad workers to sue their employers. Almost any injury will be protected under FELA if the worker was injured on the job, even if the worker’s primary duties are not performed in or around trains. Claims under FELA can be made directly to the employer or can be brought as a lawsuit in state or federal court.
If you have been injured while performing your job duties on a roadway, you may wonder: what’s next? The Jackson railroad employee injury lawyer at Lunsford Baskin & Priebe, PLLC can guide you through the process.
What to Know About FELA Benefits
State workers’ compensations laws do not require proof of fault, which means that an injured worker does not need to establish any fault by the employer. This is different for FELA. If you bring a claim under FELA, you will need to show that the defendant was somehow negligent and caused your injuries. A FELA claim must show that the defendant in some way failed to provide a railroad worker with a reasonably safe place to work, causing an injury. A defendant may be the railroad company, an employee, or an equipment manufacturer.
Railroad companies have a duty to do the following:
- Provide a reasonably safe work environment
- Inspect the work environment to ensure it is free of hazards
- Provide adequate training and supervision
- Keep workers safe from the intentional acts of others
- Enforce safety rules and regulations
When a company fails to do so, this is considered a breach of duty, which can result in a lawsuit if an employee is injured.
FELA benefits are typically much more than what workers’ compensation benefits provide. If you file a successful lawsuit under FELA, you may be able to receive compensation for:
- Medical treatment
- Lost wages
- Pain, suffering, and other mental distress
If a workplace injury results in the death of a railroad worker, FELA will provide compensation to the worker’s surviving spouse and children. If the employee has no spouse or child, surviving parents or other close family members may be able to receive the compensation.
Contact Lunsford Baskin & Priebe, PLLC Today
Working on the railroad is a dangerous job. If you have been injured, you need to understand your legal rights as a railroad employee.
Contact the Jackson railroad employee injury lawyer at Lunsford, Baskin, & Priebe, PLLC to learn more about your options. Make sure all your damages are paid for. Contact us today to schedule a consultation. Call (601) 488-3975 or fill out the online form.
