Railroad accidents are typically under-investigated.
Workers have the burden of proving negligence on the part of the railroad owner/operator.
The very nature of railroad work involves physical risks and hazards that would be unthinkable in many other work environments. Railroad workers who have been injured on the job are protected by The Federal Employers Liability Act (FELA), and FELA requires every railroad common carrier in the US to be liable to any employee suffering injury, and to the family in the event of the death of that employee.
But unfortunately, railroad companies are often hesitant to shoulder the responsibilities to which they are legally bound by FELA. Making things even more difficult, injured railroad workers can expect little help from Federal agencies charged with regulation and enforcement. The Department of Transportation Office of Inspector General (“OIG”) reports that the Federal Railroad Administration has investigated less than one percent of all railroad accidents and incidents reported from 2002 to 2004.
FELA awards are not automatic. It is different from the Workers Compensation laws found in each state. FELA requires that the injured railroad worker prove some degree of negligence on the part of the railroad owner/operator. Once negligence is proven, full compensation is available to the injured railroad worker. This FELA compensation is typically much greater than awards from Workers Compensation claims.
Injured railroad workers need qualified legal counsel to prove negligence on the part of the railroad owners and operators. Injured railroad workers can count on Arnold & Itkin LLP to aggressively protect their interests and ensure that they receive the compensation they deserve for their injuries.
For a free consultation, contact a railroad injury attorney at Arnold & Itkin LLP by calling toll free (866)222-2606 or by submitting the form at the top of this page.
