All workers who suffer illnesses or injuries while performing their jobs deserve full compensation for their losses. For most, this involves pursuing damages through a traditional workers’ compensation insurance claim. But some employers are exempt from the legal requirement to obtain these policies.
A common example is the railroad industry. For over one hundred years, the federal government has enforced laws that make railroads directly liable for their workers’ injuries. Even so, these employees will need to prove that the railroad was responsible for an incident that resulted in their loss. A Bellaire FELA lawyer is ready to listen to your story and pursue your case for the compensation you deserve. Contact the Gutierrez Law Firm today to discuss your options with one of our adept workplace injury attorneys.
What is FELA?
FELA, or the Federal Employers Liability Act, is a set of laws that went into effect in 1908. Their purpose is to protect individuals in the railroad industry who earn a living performing work in this dangerous setting. After all these years, FELA remains in full force.
FELA states that railroad companies must provide direct compensation to their workers who endure injury or illness. This is in direct contrast to workers’ compensation laws that govern the operations of almost every other industry. Under workers’ comp, an employer is not personally responsible for the losses of their employees if those losses were the result of simple accidents. Instead, the insurance policy provides payments for the costs of medical care and partial wage reimbursement.
In addition, FELA payments must cover the full extent of a worker’s losses. This can include medical bills, lost wages, and even emotional traumas. A well-informed Bellaire FELA attorney could provide more information about these regulations and how they govern railroad workers’ demands for compensation following an injury.
FELA Operates on a Fault-Based Model
A key concept to remember about FELA claims is that a worker attempting to collect compensation must prove that a railroad was to blame for the incident that resulted in an injury. This is in opposition to the traditional workers’ compensation model that operates on a no-fault basis. Because of this, FELA claims closely resemble other personal injury cases such as car crashes or slips and falls.
A Bellaire attorney who is knowledgeable about FELA laws and their complexities could help obtain the information needed to build a powerful case against negligent railroad companies. This documentation might include:
- Injury incident reports
- Medical records
- Witness statements
- Maintenance logs
- Training session materials
- Video footage of the incident
The goal of assembling these pieces of evidence is to collect the fair payments that injured parties deserve through settlements, or, if necessary, through a jury trial.
Contact a Bellaire FELA Attorney If You Were Injured While Performing Your Duties as a Railroad Worker
Employers are responsible for protecting their workers while they are on the job. For most, this means having a workers’ compensation plan that provides direct benefits in the form of medical care and wage reimbursement. However, some industries are exempt from this requirement, and the railroad companies operating in the Bellaire area are a prime example.
If you have suffered an illness or injury while performing your job in a situation where a railroad company was negligent, you could have the right to pursue a claim. A meticulous Bellaire FELA lawyer is ready to investigate the incident, measure your losses, and demand the full compensation you deserve. Reach out to the Gutierrez Law Firm today to schedule a free consultation.