Locate a Local Products & Services Lawyer
What Is Railroad Law?
Railroad law encompasses all legal matters that relate to railroad services. These cases typically involve personal injury and wrongful death lawsuits brought by passengers and non-passengers alike. Workers' compensation is another legal issue that arises when railroad workers are injured on the job.
Issues in Railroad Law
- Personal Injury - Personal injury encompasses injuries caused by or through the fault of the railroad service. Such claims may arise from either negligence, defective train equipment, or improper action by a railroad employee.
- Wrongful Death - Wrongful death covers issues such as the death of a passenger, non-passenger, or employee caused through the fault of the railroad service. Such claims may arise from train accidents, such as derailments or collisions.
- Workers Compensation - Workers' compensation focuses on compensating employees injured on the job. Although typically a state issue, the federal statute FELA, noted below, governs disputes concerning workers' compensation in the railroad industry.
Workers' Compensation in the Railroad Industry and FELA
The Federal Employers' Liability Act (FELA) serves as the exclusive remedy in an action brought by a railroad employee against his employer. FELA imposes on railroads the duty to exercise reasonable care to provide each and every railroad employee a safe place to work.
Under FELA, a railroad employee may recover the following damages for their injuries occurring on the job:
- Lost earnings, past and future
- Medical expenses, if paid out of pocket by the injured employee
- Payment for the employee's reduced ability to earn a wage because of the injuries suffered
- Compensation for pain and suffering
Do I Need an Attorney Specializing in Railroad Law?
Due to the broad nature of railroad law, you may be hard pressed to find a lawyer specializing exclusively in a field by that name. However, knowing that railroad law can be divided into personal injury, workers' compensation, and wrongful death may help you narrow your search.
The type of lawyer you may need depends on many factors, including your relationship to the railroad service (i.e., are you an employee of the railroad, passenger, or non-passenger) and what type of injury was suffered (i.e., an employee injured during work or passenger hurt by defective railroad equipment.) To fully understand your rights and to preserve any possible remedies, you should contact a lawyer immediately.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-26-2014 04:07 PM PDT
Link to this page