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Railroad workers face numerous hazards in their line of work, and injuries sustained on the job can have significant consequences for their well-being and livelihood. The Federal Employers’ Liability Act (FELA) provides protection and avenues for compensation for railroad workers injured due to the negligence of their employer or fellow employees. This article aims to explore railroad worker injuries, different examples of accidents falling under FELA, liability determination in each scenario, the statutes of limitations in New York, and incorporate hyperlinks to relevant New York statutes.
The FELA was enacted in 1908 to address the unique risks faced by railroad workers and ensure their legal rights in cases of injury or illness. Under FELA, injured railroad workers have the right to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and more. FELA claims differ from typical workers’ compensation claims, as they require demonstrating negligence on the part of the railroad company.
Numerous accidents and injuries can occur in the railroad industry, leading to FELA claims. Some common examples include:
Establishing liability under FELA requires demonstrating that the railroad company or its employees acted negligently. Unlike workers’ compensation, where negligence is generally not a factor, FELA claims necessitate proving one or more of the following:
Understanding the statutes of limitations is crucial when pursuing FELA claims. In New York, FELA claims must generally be filed within three years from the date of the injury or discovery of the illness, as per New York Civil Practice Law and Rules (CPLR) Section 214. However, specific circumstances may affect the timeframe, and it is advisable to consult an attorney to ensure compliance with the applicable statute of limitations.
Railroad worker injuries can have a profound impact on their lives and livelihoods. FELA provides an avenue for financial restitution, allowing injured workers to hold railroad companies accountable for their negligence. By understanding the types of accidents that fall under FELA, the determination of liability, and the statutes of limitations in New York, railroad workers can navigate the legal process more effectively. Seeking legal counsel and ensuring compliance with the relevant statutes are essential steps in pursuing FELA claims and obtaining fair monetary compensation.
Parker Waichman LLP helps railroad workers recover monetary compensation for accident injury claims. For your free consultation, contact our FELA Injury Law Firm today by using our live chat or calling 800-968-7529.
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