Railroad FELA Claims: Contributory Negligence and Assumption of Risk

As Board Certified Dallas-Fort Worth personal injury lawyers who handles FELA cases throughout the state of Texas, we know that working with trains, on railroads or in a rail yard can be extremely dangerous. Some of the most serious injuries which a railroad worker could suffer include amputations, broken bones, concussion, spinal injuries, traumatic brain injury (TBI), paralysis, and death. Make no mistake, when a railroad employee is injured while working on the job, the consequences are frequently very serious both in terms of the physical injury itself – and in terms of the financial consequences their injury will have on them and their family.


Although it might be accepted that working on the railroad or with trains in general is potentially hazardous work, it is against the terms of the Federal Employers' Liability Act (FELA) to argue that an employee knew and assumed the risks of their work when it comes to claiming compensation. All railroad workers that are injured in the course of their work for an interstate railroad company are entitled to make a claim for compensation under FELA – so long as the employer (the railroad company) was at least in some part negligent or to blame for the injury-causing incident to occur.


What if I was partially to blame for my accident?

Everyone makes mistakes on occasion – sometimes these mistakes result in injuries to oneself. However, just because you were partially negligent for your railroad workplace injury, it does not necessarily bar you from making a claim. Under FELA, the fact that the injured employee may have been guilty of contributory negligence does not bar them from making a recovery against their employer. In fact, under FELA, an injured railroad worker can recover compensation from the railroad even if he is 99 percent at fault, and the railroad company is only 1 percent at fault. However, in such circumstances, if a claim is successful the amount of compensation paid to the injured worker will be reduced directly in relation to the amount of negligence attributed to the worker.


In short, regardless of if your own negligence led to you being injured – so long as your employer was also negligence, you can still make a successful claim for compensation with the aid of a Texas FELA attorney.


Call us today for a free, no obligation consultation. Call toll free at 800-354-6275 or locally at 817-294-1900.



Other Articles You Might Be Interested In:

Understanding an Injured Railroad Worker's Right to Make a Federal Employer's Liability Act (FELA) Claim in Texas

Making a Railroad FELA Wrongful Death Claim in Texas

Railroad FELA Claims: What Situations are Considered Within the Scope of Employment?

Texas Railroad FELA Injury Claims: Normal Affirmative Defenses Barred


Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas