FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Legal Services | |
|
866-839-2021
|
|
Railroad Worker Accidents / FELA - FAQ
Q: An OSHSA investigation at my job showed that the railroad violated several OSHA regulations before I was injured. How might this affect my FELA claim?
A: If a railroad is found to have violated federal OSHA standards pertaining to workplace safety (or safety standards set out in other laws), an injured railroad worker and his attorney will have a much easier time proving their case. All that needs to be shown is that the law in question was violated, and that the railroad worker was injured.
Q: Can anyone other than a railroad worker bring a FELA claim?
A: Yes. In the unfortunate event that a workplace injury results in the death of a railroad worker, under FELA the worker's surviving spouse and children will be able to receive compensation. If the worker has no spouse or child at the time of death, this compensation will usually go to any surviving parents or other close family members.
Q: My attorney says that we may have to go through something called "alternative dispute resolution" in my FELA case. What does that mean?
A: Often in FELA claims in which a lawsuit has been filed, the judge will order that the parties go to mediation, arbitration, or at least hold mandatory settlement conferences, all in an effort to resolve the claim before trial.
Q: What kind of damages can I get from my FELA claim?
A: Damage awards under FELA can include the injured railroad worker's past and future wage loss; past and future medical treatment; and past and future pain, suffering, and mental distress.
Q: I just broke my wrist while repairing a freight car, and I know about my rights under FELA. Should I talk to an attorney anyway?
A: Yes. As soon as is possible after your injury, you should consult an experienced attorney who will protect your rights and make sure that your claim is not compromised, especially in the early stages and during settlement discussions.
FAQs
- How much compensation is paid for an injury or illness?
- What types of injuries are compensable under workers' compensation?
- Are all employees covered by workers' compensation?
- If a workplace injury causes death, is compensation provided to the worker's survivors?
- What must a worker do to obtain compensation for a work-related injury?
Free, easy & confidential LegalConnection.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.