Passengers, pedestrians on or near the rails, and train personnel are all at risk of injury when using railroads. Since common workers’ compensation regulations do not apply to railroad personnel, it can be difficult for injured workers and their families to know how to go about seeking monetary compensation for their losses in the event of an on-the-job injury. Most injured railroad workers cannot make a workers’ compensation claim because they do not qualify under the Workers’ Compensation Act of 1908. Instead, they must file a claim under the Federal Employer Liability Act of 1908 (FELA).
A Kansas train accident lawyer can assist railroad workers’ families in getting fair compensation for their injuries
Injury claims filed by railroad workers are often not covered by state workers’ compensation systems.
It should be noted that the Kansas Personnel’ Compensation Division of the Department of Labor will not accept claims from the vast majority of injured railroad workers. Many railroad workers who have been hurt on the job will not qualify for this program. The Federal Employer Liability Act of 1908 is the proper venue for any compensation claims made by railroad workers.
The choice of whether to file in state or federal court depends on the specifics of your case, although claims brought under this federal legislation can be filed anywhere. If you’re unsure whether you need to file a FELA claim or a Kansas workers’ compensation claim, you should talk to an attorney right once. Anyone working for a common carrier railroad is presumably covered under FELA.
Submitting a FELA Claim
How do you go about submitting a claim under the Federal Employers’ Liability Act? The first step is to retain a Kansas lawyer who specializes in representing railroad workers as soon as possible after an accident or injury. You should seek the counsel of an attorney with experience in FELA damage claims before filing your own.
Workers injured on the job in the United States have the right to seek compensation under the Federal Employees’ Legal Rights Act (FELA) if they can show that their employer was negligent, broke a safety law, or otherwise failed to maintain a safe working environment. t Expert witness testimony, testimony from other railroad workers or former employees, or evidence from instances with comparable fact patterns are all possible approaches to prove that your company is liable for your injuries under FELA.
