Although it might sound counterintuitive, in certain circumstances Federal law actually allows you to make a claim for compensation against a negligent railroad company if you were injured while working on the railroad or with trains – even if you weren't directly employed by the railroad company in question.
Since the Federal Employees' Liability Act (FELA) entitles injured railroad workers to substantially greater compensation than traditional Texas workers comp, it is certainly desirable to make a claim for compensation under FELA if at all possible.
So how can you make a claim under FELA if you were a contractor or other type of employee not directly employed by the railroad or train company?
Making a FELA Claim if You Were Not Employed by the Railroad
As Dallas-Fort Worth personal injury and wrongful death lawyers, we know courts have honored the terms of FELA when contractors have been injured while on the job at rail yards or performing other work on behalf of an intrastate railroad. This is not always easy, however, so it is critical that you hire an attorney who is Board Certified in Personal Injury Trial Law to assist you in your FELA train and/or railroad injury claim.
Generally, there are three ways in which your attorney can argue that you were in fact working under the employment of the railroad company – even if you are not formally considered an employee:
- The injured worker was serving as the “borrowed servant” of the railroad at the time of his injury
- The injured worker was deemed to be acting for two masters simultaneously
- The injured worker was a subservant of a company which was in turn a servant of the railroad
Although it might be clear to you that you were in effect working for and employed by the railroad, if you were technically a non-employee it will require the expertise of a railroad injury lawyer familiar with FELA to satisfy the analytical demands of the law in order to prove that you were in fact operating within the course and scope of the employment of the railroad even though you were not directly employed by the railroad.
Talk to a Lawyer Today
Making a successful FELA claim for compensation is not necessarily an easy process. It requires much fact-intensive analysis in order to satisfy the demands of FELA, particularly if you were a contracted worker as opposed to a traditional employee. However, the amount of money you stand to gain by making a FELA claim is often significantly more than a comparative workers comp claim that is is certainly both worthwhile and in your best interest to hire an attorney and pursue a FELA claim.
In fact, hiring a FELA lawyer not only means you stand to recover more money, it also means the stress is taken off you – allowing you to focus on getting better, and get on with your life. It doesn't cost anything upfront to hire an attorney, and we only get paid if and when we successfully resolve your case.
Call us today for a free, no obligation consultation. Call toll free at 800-354-6275, or locally at 817-294-1900 in Fort Worth, or 214-327-8000 in Dallas.
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