One requirement of making a claim under FELA is that an accident report is to be prepared! The railroad injury report will arguably be the most important document created in connection with your FELA claim. Do it right the first time. Mistakes in filing a FELA Claim or FELA Accident Report can cost you dearly in the long run. If in doubt, call the Train Lawyer to assist.
From the outset, your employer’s claims department and railroad claims adjusters and the railroad’s lawyers will be working hard to prove that your injury was your own fault and no one else’s. Reducing the value of your injury claim against the railroad is its primary objective.
It is, therefore, essential that the FELA report be prepared properly and completely. An attorney hired by you can help ensure that your railroad injury accident report serves as a comprehensive and accurate reflection of how and why your accident occurred.
Under FELA, workers, including flagmen, maintenance of way workers, conductors, brakemen, switchmen, engineers, signalmen, yardmasters, and other laborers, must prove their employer (the railroad) was negligent. Proving the railroad was negligent or that they failed to use ordinary reasonable care, can be intimidating. Railroad negligent conduct can include:
Many railroad worker injuries result from an unsafe work place, from broken, worn and poorly maintained tools, or from the railroad’s errors in judgment, poor decision-making, safety procedure violations and choice to turn a blind eye to unsafe conditions. In most cases, injuries only occur if the railroad either fails to do something it should have done or does something it should not have done.
For an accident report to be effective, a great deal of care must be taken to list every unsafe factor, condition and piece of equipment that played a role in causing your injury. The greater degree of negligence that can be placed on the railroad, the greater the value of your claim. Keep in mind that the amount of any recovery will be diminished in direct proportion by any fault that is found to be your own.
If you or a loved one were injured in a railroad-related accident, you should contact a railroad injury attorney who is knowledgeable in FELA claims. Most injured railroad workers and their families need legal assistance to protect their legal rights. The Willis Law Firm, with principle offices in downtown Houston, Texas, is familiar with the Federal Employers’ Liability Act (FELA) and is privileged and proud to represent injured railroad workers. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. He is licensed in Texas and in New York. For a Free FELA Case Evaluation or FELA Injury Evaluation Online or Call Toll Free 1-800-883-9858 Nationwide FELA Assistance is Available.