Railroad accidents do not only put passenger’s lives in danger but also those who are working for railroad companies.
Railroad workers are constantly exposed to dangers at work yet an injury because of a railroad accident is treated in a different manner.
In Los Angeles, a worker injured during his employment tenure would be able to avail of worker’s compensation under California Law, that in turn gives up his/her rights to file a lawsuit against the employer.
That is not the case for railroad workers.
Railroad workers are not covered under worker’s compensation but are protected under the Federal Employer’s Liability Act (FELA).
The Federal Employer’s Liability Act was enacted in 1908. It is a federal law that covers and protects railroad workers from injuries they sustained in a railroad accident or work related accident.
This was passed as an action against the growing number of workers either sustaining injuries that even lead to disabilities, or workers dying because of railroad related accidents.
This is different from worker’s compensation where employees generally deal with compensation that is based on a pre-set equation that should determine the amount of financial assistance to be given an employee. In that note, worker’s compensation works more like an insurance fund.
The Federal Employer’s Liability Act on the other hand gives railroad workers the right to file charges against the railroad company for negligent actions that caused the accident.
Like a personal injury case, the FELA focuses on the injury and the negligent actions.
If a worker will be taking action against the railroad company under the Federal Employer’s Liability Act, the worker needs to prove the elements that will prove the railroad companies negligence that are similar to a personal injury case.
• Duty of care – Under FELA, railroad companies have the duty to keep not only passengers and pedestrians safe, but also the employees that work for their company.
• Breach of Contract – The worker and his/her lawyer have to prove that the actions of the railroad company are in fact going against the duty of the railroad company to the workers.
• Factual Causation – The worker and his railroad accident lawyer must prove that the action of the railroad company is the actual and/or proximate cause of the accident that resulted to the injury of the worker.
o Actual Cause – The action which directly caused the accident and injury.
o Proximate Cause – An act that when performed would almost always lead to injury. It could also mean that if an act was not committed then the accident and the injury would not have happened.
• Damages – The worker and his/her lawyer must now show the effects of the accident and the injury to the worker. It could be economic losses like loss of income, medical expenses, etc. or non-economic losses like pain and suffering.
Railroad accidents are very complicated and it can get very tedious. A railroad worker should get help from a railroad accident lawyer with experience in Federal Employer’s Liability Act.
To pursue claims for railroad accidents and other
http://www.personalinjurylawyerinc.com/Personal-Injury-Claims-In-Los-Angeles.html>personal injury cases, get help from our skilled
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