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Railroad Injury Attorneys
In 1908, Congress enacted the Federal Employers' Liability Act (FELA) to address the epidemic number of railroad-related work injuries and deaths. The intent of the legislation was to make it easier for an injured rail worker to recover damages. The burden of proof to establish fault was lowered, so a worker only needs to establish that his employer was negligent in some manner and that he or she suffered injuries as a result. Today, an injured railroad employee is still covered by FELA and not by workers' compensation laws.
Duty to Provide Safe Work Place
Since the railroads have a duty to provide safe places of work, this duty extends to the employee's tools, equipment and working conditions. When a railroad company fails to ensure proper safety measures, or an employee is injured due to the carelessness of any other employee, the railroad is typically held responsible and is liable for the worker's damages.
Not all railroad-related deaths and injuries are due to trauma-related collisions and derailments. Occupational hazards can also include a rail worker being exposed to dangerous chemicals, rail dust, asbestos, diesel fuel and other harmful substances that can lead to debilitating and often untreatable illnesses. In most cases involving accidental exposure, the railroad is responsible for health-related injuries suffered as a result of the worker's exposure to these pulmonary irritants.
Employee Protection from Retaliation
For decades, railroad companies took great pride in reporting stellar safety records even at the cost of ignoring valid safety complaints and sometimes firing injured workers. Under the provisions of the Federal Rail Safety Act (FRSA), employees of a railroad carrier, contractors and subcontractors are protected from retaliation for reporting safety issues, security violations and/or requesting medical treatment for injuries.
Our railway injury attorneys know the statute of limitations that apply and the importance of developing your claim as soon as possible following any rail accident. The railroad company will start its defense as soon as a rail accident occurs and its claim agents, investigators and lawyers will fight hard to deny or reduce their client's obligation to pay. At Rail Justice, we develop each and every theory of recovery to maximize your claim. If you've been injured, call us today at 888-519-RAIL (7245) to protect your rights to seek a full recovery.
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