FELA Lawyer Des Moines, IA
If you or a loved one has been injured while working in the railroad industry, it’s important to connect with a knowledgeable Des Moines, IA FELA lawyer at the Law Group of Iowa as soon as you can. Most full-time and part-time employees in the U.S. turn to standard workers’ compensation coverage in the event that they sustain work-related harm. However, railroad workers – like maritime workers – benefit from a specialized scheme crafted just for them. Our team has extensive experience assisting injured railroad workers with submitting claims through this specialized scheme successfully.
FELA: The Basics
The Federal Employers’ Liability Act – commonly referred to as FELA – was enacted by the federal government as an acknowledgement of the unique risks and inherent dangers assumed by those who work within the railroad industry.
Although FELA exempts railroad industry workers from state-based workers’ compensation requirements and coverage, this scheme functions in many of the same ways that workers’ comp traditionally does. Like workers’ comp, FELA doesn’t require an injured worker to prove that they weren’t at fault when they sustained work-related harm. And like workers’ comp, FELA allows injured workers to receive financial benefits as a result of that harm.
However, FELA empowers railroad employees to a far greater extent than workers’ comp does. Specifically, it allows railroad workers to sue their employers in the event that they suffer an occupational illness or injury, which workers’ comp generally prohibits. Injured railroad workers may, with the assistance of an experienced Des Moines FELA lawyer, file a lawsuit against an employer in either state or federal court.
When a lawsuit is filed, a railroad worker will generally be required to prove that their employer was negligent and that this negligence was a direct contributing factor leading to the worker’s injurious circumstances. However, a notable exception allows workers to be freed from this burden of proof in the event that the railroad employer in question violated a safety law or regulation. Under these circumstances, the employer will be subjected to absolute/strict liability standards.
Legal Assistance Is Available
Because there is a right to litigate injurious circumstances under FELA that doesn’t exist in traditional workers’ comp cases, FELA claims tend to be uniquely complex matters to navigate. Thankfully, if you or a loved one has been injured while working in the railroad industry, you don’t have to manage this challenge alone.
The Des Moines FELA lawyer team at the Law Group of Iowa has extensive experience assisting railroad workers and their loved ones with both contentious and non-contentious FELA claims. It would be our pleasure to assist you too. Please don’t delay, though. The FELA claims process is time sensitive and requires a certain attention to detail that isn’t always mandatory in other work injury and occupational illness cases. The sooner we’re alerted to your situation, the sooner we can begin protecting your rights and aggressively advocating on behalf of your professional and personal interests. We look forward to speaking with you.
As a Des Moines, CA FELA lawyer can explain, the Federal Employers’ Liability Act (FELA) is a federal law in the United States that provides legal protection to railroad workers who are injured or killed while performing their job duties. FELA is a complex and specialized area of law that requires expertise and experience to navigate effectively. Legal services for FELA cases are crucial in ensuring that injured railroad workers receive the compensation they deserve.
Typical Issues Involving FELA Law
Common issues involving FELA law legal cases often revolve around establishing liability, proving causation, and determining damages. FELA is a fault-based system, meaning that injured railroad workers must prove that their employer or another party’s negligence caused their injuries. This can be challenging, as railroad companies often have strong legal teams and resources to fight against FELA claims.
Establishing liability in FELA cases typically involves demonstrating that the employer or another party acted negligently, such as failing to maintain a safe work environment, providing inadequate training, or disregarding safety regulations. Proving causation is another key issue, as injured workers must establish that the negligence directly caused their injuries. This often requires thorough investigation, as well as expert testimony and analysis of complex medical records.
What A FELA Lawyer Can Do
Lawyers can provide specific legal services for FELA cases typically involving representing injured railroad workers in lawsuits against their employers or other parties responsible for their injuries. These services may include conducting thorough investigations to gather evidence, evaluating medical records, interviewing witnesses, and negotiating with insurance companies or employers on behalf of the injured worker. FELA attorneys also provide guidance and support to their clients throughout the legal process, which may include filing legal paperwork, representing their clients in court, and advocating for their rights at all stages of the case.
Why Legal Representation is Beneficial
Due to the complexity of FELA law and the challenges involved in litigating against powerful railroad companies, having skilled legal representation is essential for injured railroad workers seeking fair compensation for their injuries. FELA attorneys understand the intricacies of the law and have the necessary knowledge and experience to build a strong case on behalf of their clients. They work tirelessly to protect the rights of injured railroad workers and pursue maximum compensation for their medical expenses, lost wages, pain and suffering, and other damages.
Experienced lawyers play a critical role in advocating for the rights of injured railroad workers. When you have a lawyer at your side with specific experience in the railroad industry and has a strong understanding of FELA, you have stronger chances of achieving a great case outcome. They can help you to navigate the complexities of FELA law and pursue fair compensation for injured workers, aggressively working to defend your legal rights. If you are a railroad worker who has been injured on the job, consulting with a qualified FELA attorney like one from the Law Group of Iowa is essential to protect your legal rights and seek the compensation you deserve.