Injuries can affect many different people on railroads, from passengers to pedestrians walking on or near railroad tracks to railroad workers. When railroad worker injuries occur on the job, it can be difficult for those workers and their families to understand the best way to seek financial compensation for their losses since usual workers’ compensation laws are not applicable. Rather than being eligible to file a workers’ compensation claim through the workers’ compensation system, most injured railroad workers must file a claim under the Federal Employer Liability of Act of 1908, or FELA.
Given the necessity—yet complexity—of seeking financial compensation for a railroad worker injury, our Kansas train accident attorneys want to provide you with some helpful information concerning a railroad worker’s ability to seek financial compensation for on-the-job injuries.
State Workers’ Compensation System Does Not Usually Apply to Railroad Worker Injury Claims
To be clear, most injured railroad workers cannot file a traditional workers’ compensation claim through the Kansas Workers’ Compensation Division in the Department of Labor. This system is not for most railroad employees who have been injured on the job. Rather, a railroad worker’s claim for compensation must go through the Federal Employer Liability of Act of 1908.
Since claims need to be brought under this federal law, you have the option to bring your claim to state or federal court. You should seek advice immediately from a lawyer about whether you can file a claim under the Kansas workers’ compensation system or whether you will need to file a FELA claim. In general, FELA will likely apply to anyone who works for a railroad that functions as a common carrier.
Filing a FELA Claim
What do you need to do in order to file a FELA claim? First, it is critical to begin working with an experienced railroad worker injury lawyer in Kansas as soon as possible. Filing an injury claim under FELA can be extremely complicated, and you will want help from an attorney who has experience handling these cases.
In order to obtain compensation through a FELA claim, you must prove the employer provided an unsafe workplace, was negligent, violated a safety act, or otherwise breached their duty of care. t There are various ways in which you may be able to show that your employer is responsible for your injuries under FELA, from expert witness testimony, other railroad employees, former employees, or previous cases with similar fact patterns to yours.
Contact Our Kansas Train Accident Lawyers
If you or someone you love sustained serious injuries while working as a railroad employee, you should seek advice from an experienced Kansas train accident attorney at our firm. We are committed to helping injured railroad workers and their families to seek the financial compensation they need and deserve after a serious accident. Contact Pottroff & Karlin, LLC today for more information about how we can assist you.