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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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Serving Personal Injury Clients in Kentucky, West Virginia and Nationwide. Focusing On Car Accidents, Product Liability, Defective Products,
Premises Liability, Slip & Fall, Construction Accidents, Off Label Drug Injury and all other personal injury claims, including: Pedestrian Accidents,
Bicycle Accidents, Motorcycle Accidents, Truck Accidents, Aviation Accidents, Mining Accidents, Wrongful Death and Insurance Claims.
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