FELA Lawyer

FELA Lawsuits – How are They Proven?

Railroad workers are injured with alarming regularity, and the majority of lawsuits that are filed as a result of these injuries fall under the realm of FELA, which stands for Federal Employer's Liability Act. This federal statute was enacted by Congress almost 100 years ago, and it's served as a protector for those railroad employees since then, as this type of work can be extremely dangerous.

However, many people may not realize what's involved with proving a FELA claim in court, and the FELA lawyers at Williams Kherkher would like to provide you with a brief overview. The reason is that if you have been injured while working on a railroad, the last thing you should do is attempt to take on your employer by yourself.

1. Duty - Much like a basic negligence standard, FELA claims require that the injured plaintiff prove that there was a duty of care present. This is usually accomplished by showing employment/payroll records, as employers who are governed by FELA owe a duty of care to all of their employees, regardless of their specific duties within their railroad operation.
   
2. Breach of Duty - After the plaintiff has established the presence of a duty, the plaintiff must then prove that the employer breached that duty. This often falls under the legal jargon of "failing to provide a safe working environment," and basically means that the conditions under which the injured employee was forced to work were not reasonable when compared to what other railroads would have done under like circumstances.
   
3. Causation - Again, much like a personal injury case, the injured plaintiff must show that the employer's breach of its duty of care owed to its employees either directly or indirectly led to the worker's injuries. This can be extremely difficult to prove in certain circumstances, and it's a very complicated legal analysis.
   
4. Damages - Finally, if the plaintiff has successfully proven the three elements above, he or she must also prove that damages have been incurred. These can be proven in the form of medical expenses, lost wages, ongoing rehabilitation costs and even less tangible forms of damages that include pain and suffering and loss of companionship.

Finally, those injured while working on a railroad must also understand that FELA claims are always heard in federal court and in front of a jury, and no one can ever predict what a jury will do with a decision in its hands. This is all the more reason to contact a FELA lawyer at Williams Kherkher to schedule a free initial consultation if you've been injured while working on a railroad.