Railroad company employees who are injured may seek compensation from their employers under the Federal Employers’ Liability Act or FELA. Employees are permitted to sue their employers for negligence and in fact, may pursue comparative negligence claims. If you were injured in a railroad construction accident, it is important to understand and preserve your rights to pursue compensation, which may include the following:
- Past and future medical expenses that exceed employer health insurance
- Past and future wage loss – includes loss of earning capacity
- Past and future physical pain and suffering
- Past and future mental and emotional suffering
- Disfigurement, scarring
- Disabilities, partial, permanent
Our West Virginia personal injury lawyers represent injured railroad company employees in negligence claims. A complimentary consultation is available; this will give you the opportunity to ask questions and to chart a future course of action.
FELA and Railroad Construction Accidents
There are specific requirements that must be met for a case to proceed under the Federal Employer’s Liability Act. These include:
- Injuries must be sustained while the employee worked with the railroad
- Injuries must have been caused or contributed by railroad work
- It is essential for the railroad to have been engaged in interstate commerce – two or more states
Four basic types of injuries are covered by FELA, including:
- Sudden and traumatic injuries, such as fractures, back strains, and pulled muscles
- Repetitive stress injuries such as carpal tunnel syndrome, hearing loss
- Aggravation of preexisting injuries
- Occupational diseases such as lung cancer, skin diseases, and asbestos diseases
Duty of the Railroad
Under FELA, the railroad has an affirmative duty to provide a safe place for its employees to work. Duties include:
- Adequate manpower
- Adequate tools must be provided
- Tools must be properly maintained
- Inspections must be adequate
- Work safety rules must be created and enforced
Complimentary Consultation with West Virginia Railroad Accidents Attorney; No Fees Unless We Win Your Case
If you were injured as a result of a railroad construction accident, you may pursue compensation for medical expenses, pain and suffering, lost income, and more. The law firm of Tiano O’Dell has helped thousands of claimants in the past two decades. It is advantageous to discuss your case with a knowledgeable and experienced West Virginia attorney.
Our West Virginia industrial accident lawyers have been recognized for their accomplishments; they were named as Top 100 Trial Lawyers by the highly regarded American Trial Lawyers Association and have been designated as West Virginia Super Lawyers. If your case is accepted, there will be no legal fees unless it is settled or won in court. To schedule your confidential consultation, call Tiano O’Dell at (304) 720-6700.