Texas Railroad FELA Injury Claims: Normal Affirmative Defenses Barred

As Dallas-Fort Worth Railroad FELA lawyers, we know that the compensation available to injured railroad workers and train engineers is often so significant that the railroad company will try any argument they can think of in order to get out of paying you the maximum damages to which you are entitled. This is why it is so important that the attorneys you hire fully and completely understand the law concerning FELA, so that they can help you recover the greatest amount of money possible for your injuries.


Normal "affirmative defenses" (legal speak for "excuses") which the railroad company might try to make are barred under FELA. This means that they cannot argue that you assumed the risk of being injured since you knew that railroad work is dangerous. It also means that they cannot reduce the amount of damages for which they are liable by arguing that one of your coworkers was negligent (this is known as the fellow servant doctrine defense). FELA also prohibits employers from arguing that the compensation owed to you should be reduced because of a non-railroad cause.


Make Sure That You Fully Understand Your Legal Entitlement to Compensation

Recovering compensation against a railroad company is rarely a straightforward matter. Although FELA exists to protect and fairly compensate injured railroad employees, a railroad company will rarely offer to pay an injured worker the full and fair compensation they deserve without a legal battle.


This means that hiring a Texas Train/Railroad FELA attorney is a must.


Here at the Anderson Law Firm, we take the pursuit of justice on behalf of our clients extremely seriously. Unlike most attorneys, personal injury and wrongful death lawyers operate on a contingency basis, which means that you don't have to pay anything up front to hire us. We don't charge you a retainer or expect you to pay by the hour. We only get paid when your claim is successfully resolved – and we get paid a percentage of the total amount recovered. If we don't win your case, then we don't get paid.


Suffering a workplace injury can have dire financial consequences for you and your family, so it is crucial that you are fully aware of and completely understand your legal rights under FELA. Contact us today for your free, no obligation consultation. Call us toll free from anywhere at 800-354-6275, or locally in Dallas at 214-327-8000 or in Fort Worth 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

Contributory Negligence and Assumption of Risk

Making a Railroad FELA Wrongful Death Claim in Texas

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

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