As a Dallas-Fort Worth railroad FELA lawyer, I think it is important that injured train and railroad workers have all the facts regarding their legal right to make a claim for compensation. Knowledge is power – and you’re going to need it if you want to make a successful claim for compensation.
There are a number of factors which must be considered when determining whether or not an injured railroad worker or train engineer in Texas has the right to make a claim for compensation under the Federal Employer's Liability Act (FELA). These factors include that the railroad company must be engaged in interstate commerce, that the train or railroad company's negligence played some role in the incident which resulted in your injury, and that you were injured while operating within the scope of your employment in a way which benefitted your employer's interstate commerce.
Understanding the Degree of Fault Concerning the Train or Railroad Company's Negligence
In an auto accident case in Texas, an injured person is only able to make a claim for compensation if they were less than 50 percent at fault for causing the wreck. However, with FELA it is possible to bring a claim whenever it is determined that the railroad company's negligence was to blame – no matter how minute the percentage of blame is which is assigned to the railroad company.
In 2011, the US Supreme Court ruled that so long as the railroad's negligence played some part in the injury of a worker – no matter how small a part – then the railroad company is liable under FELA. If the railroad company's negligence played even the slightest role in producing the injury, then they are answerable in damages even if the extent of the injury or the manner in which it occurred was not probable or foreseeable.
Get a Free Consultation on Your Situation
Since it can often be quite a complex process to determine whether or not your case meets the necessary requirements to make a claim for damages against your employer under the Federal Employer's Liability Act (FELA), our board certified personal injury and wrongful death attorneys offer completely free, no obligation consultations to all injured railroad workers in Texas.
Call us today, toll free at 800-354-6275 or locally at 817-294-1900.
Other Articles You Might Be Interested In: