Transportation by trains is generally safe, but serious harm can result from flaws or errors in their operation. Asserting your rights after a railroad accident can be complicated, however, because of the distinctive laws that govern this area. The injury lawyers at the Naumes Law Group has advised many Boston residents who have been hurt in these incidents. We understand that this is a stressful time for you and your family, and you can expect respectful treatment from our entire staff. While no amount of money can undo the harm you have suffered, compensation can help ease the burden of the costs that arise from a train accident.Filing a Claim under FELA to Seek Compensation
Train accidents can happen due to derailments, collisions with vehicles at crossings, exposure to toxic substances, and other potentially lethal events. Railroad employees are not covered by the Massachusetts workers’ compensation system, but they are able to file a lawsuit against an employer under the Federal Employers’ Liability Act (FELA). This law gives injured workers a way to take legal action against a railroad company for its negligence. It also provides an incentive for those employers to maintain safe practices and to adhere to safety regulations to avoid potential harm to their employees.
A FELA claim can be filed in state or federal court. It requires proof that the railroad company was negligent, whether in part or in the entirety. Under Massachusetts law, the jury will compare how careless the railroad company was compared to the worker in causing the injury in question. Factors that are important to consider include whether the railroad, the employee, or other railroad personnel were negligent, whether and to what extent the employee was negligent in a way that contributed to the accident, and the degree of harm suffered by the worker.
To qualify for compensation under FELA, an injured railroad employee must establish that:
- He or she was employed by a railroad that operates across state lines or handles freight that crosses state lines at a given time;
- The accident happened on the job; and
- The accident resulted from the negligence or recklessness of the railroad, or defects of the train, machinery, equipment, or working conditions.
Railroad workers can suffer from a variety of devastating injuries, such as broken bones, blows to the head and neck, spinal cord damage, burns, and disfigurement or scarring. The amount of compensation that a victim may receive is contingent on the severity of the harm. Under FELA, railroad workers often can seek reimbursement for medical expenses, permanent or partial disability, lost wages and benefits, pain and suffering, and more.Seek Legal Guidance after a Railroad Accident in the Boston Region
At the Naumes Law Group, we have the knowledge that you need to assert your rights after suffering injuries while working for a railroad in the Boston area. Our skilled accident attorneys will work diligently to seek the compensation that your family and you deserve. Robert T. Naumes proudly represents injured individuals from throughout Suffolk County as well as in Middlesex and Franklin Counties. For more information about your legal rights and options, you can reach us at 617-227-8444 or complete our online form. We also have a toll-free line that can be reached by dialing 844-826-8445.