Jacksonville Railroad Employer Negligence Attorney

The consequences of a train accident can be devastating not only for passengers and pedestrians, but alsofor the railroad employees involved. Even when they follow correct protocol and safety measures, they can still be at risk from outside factors such as irresponsible drivers at railroad crossings and unforeseen emergencies. Sadly, some employees are even at risk from the negligence of their own employers.

If you have been hurt on a railroad, contact Jacksonville personal injury lawyer Don Guthrie at 904-493-6455 right away.

The Federal Employers' Liability Act (FELA)

This important legislation was passed in 1908 under President Harrison to address the widespread issue of railroad employees being seriously injured on the job. With the rapid expansion of rail lines during the late 19th century came a dramatic increase in injuries suffered by overworked and under-protected employees. Although many attempts have been made over the years to replace the Act with standard workers' compensation coverage, Congress has rejected every one.

FELA has its pros and cons compared to workers' compensation. On one hand, it allows injured parties to request damages for pain and suffering, unlike workers' comp. On the other hand, FELA requires that employers must be proven responsible for injuries caused before they can be ordered to pay damages.

This does not mean that employers need to be fully responsible, however. FELA uses the standard of comparative negligence. This means that if, for example, a worker is 40% responsible for an accident, his or her employer can be held liable for 60% of damages.

Contact Us

If you have been seriously hurt due to the negligence of a railroad company, negligent hiring, or their failure to train employees properly, you need a Jacksonville railroad employer negligence lawyer on your side. Contact the offices of Don Guthrie, PA, at 904-493-6455.