After an accident or injury, railroad workers filing a FELA claim often wonder what can prove negligence. Understanding this is crucial because the Federal Employers’ Liability Act (FELA) protects and compensates injured railroad workers who can demonstrate that their employer was negligent.
Understanding employer responsibilities
Employers in the railroad industry have a duty to ensure their workers’ safety. This includes providing adequate training and tools, supervising and inspecting the workplace, maintaining a safe work environment, complying with safety rules and addressing reported dangers. If an employer fails to meet their responsibilities, they can be liable for any resulting accidents and injuries.
Proving negligence
To prove negligence in a FELA claim, the injured worker must demonstrate that the employer failed in one or more of these responsibilities. For example, if an employer did not maintain equipment properly and this led to an accident, it could be considered negligence.
Similarly, if inadequate training resulted in an unsafe work practice that caused an injury, this might prove negligence. The worker must show a direct link between the employer’s failure and their injury. This can be done by gathering evidence, such as:
- Accident reports
- Maintenance records
- Training records
- Safety protocols
- Medical records
- Witness statements
It is important to report any injuries or unsafe conditions right away. Keep a record of these reports and any responses from your employer. If they did not take action to fix the problem, this could help prove negligence.
Proving negligence can be complex, so seeking legal help might be advisable. An experienced FELA attorney can help injured railroad workers navigate the legal process, gather evidence and build a strong case against their employer.
Understanding these obligations and evidence can help workers build a stronger case when filing a FELA claim. If you are an injured railroad worker, consider consulting a FELA attorney can provide clarity on negligence and improve your chances of a successful claim.