If you work for a Railroad company and our covered under the Federal Employer’s Liability Act (FELA) for work injuries, Mooney Law can help facilitate your right to compensation as an injured rail worker. These injuries occur because of negligence of the railroad, traumatic accidents, deaths on the job, toxic exposure and more. Mooney Law can help.
Injured rail workers are entitled to compensation for medical expenses, lost wages, rehabilitation, loss of earnings capacity, and pain and suffering. These claims are not handled in the normal Pennsylvania workers’ compensation adjudication system. They are litigated under FELA in full trials before the county Court of Common Pleas or Federal district court. Fighting large rail companies is not easy. Although the burden of proof is not as high as a standard premises liability case, injured rail workers must still prove that the railroad was negligent in some fashion and that negligence played at last a slight role in the rail workers’ injury. It is a standard that is slanted and more favorable to injured rail workers. Nonetheless, federal railroad cases are quite complex. Railroad have their own lawyers to fight your claims. You should have one as well. It is your rights and your benefits at stake.
Similar to personal injury claims, federal railroad injury cases are handled on a contingency fee basis. That means your attorney does not get paid unless YOU recover. It is also important to note that similar to Pennsylvania workers’ compensation cases, an injured rail worker has a three-year statute of limitations to file a lawsuit against the railroad. As for occupational disease, the rail worker has three years from the date the rail worker knew or should have known the disease was caused by work activities.
If you are a rail worker and suffer a work-related injury, you should follow a few basic steps to protect your claim. First, be sure to seek immediate medical attention from your doctor. Delaying medical treatment can have a negative impact on your claim. Medical records are important in FELA claims. Additionally, rail workers are not subject to treating with employer recommended doctors. You have free choice to treat with your doctor. In addition to medical treatment, it is critical you immediately report the injury to a supervisor and/or dispatcher. If there were witnesses to your injury, obtain contact information of the witnesses. If possible and able, get photos of the scene. Next you should contact an attorney.
In in our area, railyards with workers covered by FELA are located in Chambersburg, Enola, York, and more. Mooney Law can help with offices located in Chambersburg, Lemoyne, and York. Our consultations for all injured workers are always absolutely FREE. Call us today at 717-200-HELP or 717-632-4656. You can also email the firm for a consultation at info@mooney4law.com. Finally, you can visit our website and complete a schedule a consultation form.
