New Jersey Federal Employers’ Liability Act (FELA) Attorneys
Working for the railroad is a dangerous job. Between the late 1800’s and early 1900’s, the railroad industry expanded, and the number of people employed by the railroad companies spiked as well. These employees were often performing backbreaking and dangerous work, so they needed protection. This issue led to the creation of the Federal Employers’ Liability Act, or FELA. FELA introduced safety standards for the railroad industry and attempted to protect railroad workers injured on the job. Its purpose is the same today.
FELA allows railroad employees and their families to seek damages from railroad employers for injuries and death caused by employee negligence. Typically, before a FELA case goes to court, an employee and employer will try to reach a settlement outside of the courtroom. Your New Jersey injury lawyer will discuss the details of your injury with your employer and try to negotiate a reasonable settlement. If you cannot reach an agreement, your lawyer will then seek justice through the court. At the Todd J. Leonard Law Firm, we are willing to help you through the legal process. We aim to reach a settlement outside of the courtroom, but if that is not possible, we are dedicated to fighting for you throughout a lawsuit as well.
Recoverable Damages in a FELA Claim
To have a feasible FELA claim, you have to prove that your employer was at least partially to blame for the incident that led to your injuries. The court could find that you are partially at fault for your own injury, but as long as your employer was also partly at fault, you can still recover damages. If you are partially at fault, the amount of your comparative negligence is deducted from your settlement. Railroad employees can sustain an injury on the job many different ways; there are even more ways an employer could be partially at fault. If you are injured while working as a railroad employee, you could receive restitution for the following damages:
- Medical expenses (past and future)
- Lost income (past and future)
- Physical pain
- Mental pain
- Permanent injury
- Wrongful Death
It is important to note that FELA covers only railroad workers. Although it is similar to the protection of workers’ compensation, FELA claimants have to prove employer negligence while workers’ compensation operates on a no-fault system. Because you have to prove employer fault in a FELA claim, it is even more imperative to have a knowledgeable FELA attorney on your team.
Contact a New Jersey Injury Lawyer
If you or a loved one works as a railroad employee and is injured on the job as the result of employer negligence, contact an attorney to discuss your FELA rights. At the Todd J. Leonard Law Firm, we know that acquiring an injury on the job can be devastating, especially if you have medical expenses and can no longer work. That is why you should seek the restitution you deserve. We are dedicated to helping our clients earn their rightful compensation, while making the legal process as smooth as possible. Contact our office at (973) 920-7900 to discuss the details of your case.