If you’ve been injured while working for a railroad company and believe your injury is partially your fault, you may wonder if you can still pursue a Federal Employers’ Liability Act (FELA) case. The answer is yes since FELA is what is known as a “purely comparative negligence” statute. This means if a jury finds the railroad and employee both […]
When a Worker Has Partial Fault in a FELA Case
Do I Have to See the Company Doctor for My Railroad Injury?
When you are injured during your employment as a railroad worker, the first thing you need to do is see a doctor. Since many workers are unfamiliar with the distinctions between workers’ comp and the Federal Employers’ Liability Act they assume that, like workers’ compensation, you can only visit a doctor who has been approved by the rail company. This […]
What Should I Do After Being Injured in a Norfolk Railroad Accident?
While trains are considered one of the safest modes of transportation for passengers, they represent a tough and dangerous job for those who work on them. Data published by the Bureau of Transportation Statistics shows that 11 railway workers were killed and roughly 3,500 more were injured in train-related accidents throughout the United States in 2022. If you were injured […]
What Types of Injuries Does FELA Cover?
In 1908, the United States Congress enacted the Federal Employers Liability Act. The goal was to lessen the atrocious number of fatalities and injuries that were taking place within the railroad industry. FELA was intended to protect railway employees, force rail companies to implement safety measures to protect their workers, and compensate workers who were injured on the job. Railroad […]
Rick Shapiro Selected as a 2023 President’s Award Winner by the National Board of Trial Advocacy
The personal injury law firm of Shapiro, Washburn & Sharp is proud to announce that Richard N. (Rick) Shapiro has been selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies […]
Facts vs. Myths About Filing a FELA Claim
Understanding the Federal Employers’ Liability Act (FELA) and the process of filing a claim is crucial for railroad workers seeking compensation for workplace injuries. However, misconceptions can cloud judgment and deter individuals from pursuing legitimate claims. In this article, our FELA lawyers dispel common myths and provide factual insights to help you navigate the FELA claims process effectively. MYTH: FELA […]
Workers’ Compensation vs FELA: Is There a Difference?
In the United States, most workers are covered by insurance that compensates them for any work-related injuries. Most companies that cover their workers for on-the-job illnesses or injuries carry workers’ compensation insurance. The railroad industry has its own path for workers to receive financial compensation for these illnesses or injuries called the Federal Employers Liability Act. Are FELA and workers’ […]
What Is a Defense Medical Examination?
More commonly referred to as a DME, a defense medical examination is the physical examination of an injured railway worker, conducted by a physician of the rail company’s choosing for the purpose of helping them defend themselves against your claim. How do I prepare for a defense medical examination? You may also hear this exam called an IME, an independent […]
Is My Employer Liable for an Equipment Malfunction?
Most railroad employees come into contact with multiple pieces of huge equipment and heavy machinery every day. They know that if these machines are used improperly, they are at risk of being seriously injured. When a piece of equipment malfunctions, however, a worker could still be seriously injured even if they took every required precaution. When is an equipment malfunction […]
What Can I Do to Make My FELA Claim as Strong as Possible?
Although it plays an indispensable role in our country’s commerce, working on a railway is extremely hazardous. In an attempt to mitigate these dangers, strict standards designed to lower the risk of injuries have been put in place. If, however, a rail company ignores these safety regulations, the result is a working environment that is full of dangers. If you […]