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FELA
The
attorneys at Gary C. Johnson, P.S.C. have proven
experience representing employees under the Federal
Employer's Liability Act (FELA). FELA is the sole
remedy in claims brought by railroad employees
against their employer, so it is important to have
an attorney who understands the laws governing this
act.
For
over thirty years, our firm as succeeded in winning
significant compensation for our clients throughout
Kentucky, West Virginia and many other states. We
believe justice is on the side of innocent victims
and vigorously fight to protect our clients' rights.
We believe that those who fail in their duty to
provide each and every railroad employee with a safe
working environment must take responsibility for
their negligence.
If you have been injured or lost a
loved one in a railroad accident, you'll need tough
and aggressive representation. Railroads are
powerful corporations whose defense starts as soon
as an employee is injured. Their goal is to reduce
or deny paying damages to legitimately injured
employees and grieving families, so you'll need the
support of a firm with the resources and skills to
protect your interests. Hiring the right attorney
can mean the difference between a life of pain and
financial hardship due to your injury and a future
where economic considerations are secondary to the
quality of life. The legal team at Gary C. Johnson, P.S.C. is committed to helping you win the best
possible compensation for your claim.
The
Federal Employers' Liability Act (FELA) protects
railroad employees throughout the country by
enabling injured railroad workers to file suit in
either federal or state court. Workers' Compensation
assigns recovery limits to economic losses, while
FELA provides railroad workers with damages that
also include:
- Loss
of wages and future earnings,
- Out-of-pocket
medical expenses paid by the injured worker,
- Benefits
based on the injured employee's restricted
ability to work, and
- Compensation
for pain and suffering.
Any
railroad that provides interstate transportation of
people or goods must ensure a reasonably safe work
environment, equipment, proper training and safety
procedures, and reliable tracks, tools and
machinery. When the company fails in their duty they
are considered negligent and are liable for damages.
In order to prove the railroad's negligence, several
requirements must be met:
- The
injury must have occurred in the course of the
worker's employment with the railroad,
- The
employer's negligence must have contributed to
the worker's injury, and
- The
injury must have occurred while the worker and
railroad were involved in interstate commerce
between two or more states.
Unlike
state Workers' Compensation laws that provide
benefits on a no-fault basis, FELA requires
assignment of fault. It is not required that the
employer's negligence be the sole cause of the
accident. If it can be proven that the carrier had
the slightest degree of fault in the injury, even if
other non-railroad parties were also at fault, the
worker has the right to damages. In order to file a
FELA claim, you must do so within three (3) years of
the accident date. If you are suffering from a
repetitive stress injury occupational illness, the
three year statute of limitations starts when you
became aware of, or should have reasonably known
that you might have a work-related injury.
If
you believe that you have a FELA claim, call the
offices of Gary C. Johnson, P.S.C today. Our goal is
to ensure that you receive full and fair
compensation for the damages you are entitled to
under the FELA. Our firm works for injured people
and their families. The law firm you choose does
make a difference. We offer a free initial
consultation to discuss your case, and we will
always give you our honest opinion about your case
in light of the facts, case law, and our experience
with similar injury cases. Contact Gary C. Johnson,
P.S.C. at (800)337-4002 or via our contact
form.
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