Railroad law encompasses all matters that relate to Railroad services. These cases typically involve personal injury and wrongful death lawsuits by passengers, non-passengers, as well as employees. Workers' compensation is another prevalent issue when railroad workers are injured on the job.
Issues in Railroad Law - Personal Injury - The injury of a passenger, non-passenger or employee caused through the fault of the railroad service. Such claims may arise from either defective train equipment or improper action by a railroad employee.
- Wrongful Death - 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 - The injury of a railroad employee arising from the performance of his or her duties or through the fault of the railroad service. The federal statute FELA, noted below, governs disputes concerning workers' compensation in the railroad industry.
Workers' Compensation in the Railroad Industry ¿ 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?
Whether or not you need a lawyer experienced in railroad law depends on many factors, including the individual's 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. employee injured during work or passenger hurt by defective railroad equipment). To fully understand your rights and to preserve any possible remedies, you should speak to a lawyer.Vea esta página en español: Leyes del Ferrocarril o visita Abogados-Leyes.com para más información legal.
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