FELA Lawsuits: Attorneys Handling Railroad Accident Cases in Michigan Can Help

Railroad workers who become injured or disabled on the job can be permanently deprived of their ability to earn a living. If you are a railroad worker who has been injured on the job, you have rights. Railroad employees who are incapacitated in some degree from a work-related injury may be eligible to file for financial compensation under FELA. At the law office of Sinas, Dramis, Brake, Boughton & McIntyre, P.C., our personal injury lawyers have an expert understanding of both FELA lawsuits and Michigan statutes. Representing clients throughout the State of Michigan, including Detroit, Flint, Lansing and Grand Rapids, our attorneys who handle railroad accident cases can help you obtain financial compensation for wages lost due to your absence from work, any medical expenses you may have incurred, pain and suffering, and future wages if you are unable to return to work.

What is FELA?

Railroad workers who become injured or disabled on the job can be permanently deprived of their ability to earn a living. If you are a railroad worker who has been injured on the job, you have rights. Railroad employees who are incapacitated in some degree from a work-related injury may be eligible to file for financial compensation under FELA. At the law office of Sinas, Dramis, Brake, Boughton & McIntyre, P.C., our personal injury lawyers have an expert understanding of both FELA lawsuits and Michigan statutes. Representing clients throughout the State of Michigan, including Detroit, Flint, Lansing and Grand Rapids, our attorneys who handle railroad accident cases can help you obtain financial compensation for wages lost due to your absence from work, any medical expenses you may have incurred, pain and suffering, and future wages if you are unable to return to work.

FELA Lawsuits

FELA lawsuits are distinctive from other types of injury suits in how liability and compensation payment are determined. A convention of comparative negligence is utilized in determining the amount of compensation to be awarded in a FELA claim. Comparative negligence means that the worker receives compensation in direct relation to his or her level of responsibility in the accident that caused the injuries. If a railroad worker is deemed to be partially responsible for the accident, he or she can still obtain compensation. A railroad employee who is found to be 25 percent responsible for the accident in question will only receive three-quarters of the total amount of damages awarded. A worker who is determined to be 100 percent responsible for an accident receives nothing.

The complex nature of FELA regulations means that it is best to seek legal counsel for FELA lawsuits. Representing clients throughout the State of Michigan, including Detroit, Flint, Lansing, Jackson, Grand Rapids, and Kalamazoo, our attorneys who handle railroad accident cases have the experience and knowledge needed to help you obtain a fair settlement, and they can aggressively represent you in court if necessary to provide you with the best opportunity to maximize your claim.

How is FELA different from standard workers' compensation?

One of the biggest differences between a FELA claim and workers' compensation is that FELA lawsuits require that there be proof of the railroad company's responsibility (complete or partial) for the worker's injuries in order for monetary damages to be awarded to the plaintiff. This responsibility can be proven if it can be shown in any way that the railroad company or its workers, contractors, or agents contributed to or caused the injury.

Another fundamental difference between workers' compensation and FELA lawsuits is that workers' compensation insurance is structured to avoid the necessity of litigation. All FELA claims, however, unless settled out of court, are appointed a court date, sometimes as long as two years after the suit has been filed. A jury then must determine, based on the evidence presented in court, if there was negligence on the part of the railroad operators or the injured worker. The jury must also decide to what degree each party was responsible for the accident.

If you are considering filing a FELA suit, it is very important to seek sound and informed legal counsel. Qualified railroad accident attorneys from our firm can help you obtain the compensation you deserve.

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Contact Our Office — Serving Grand Rapids and Beyond

At Sinas, Dramis, Brake, Boughton & McIntyre, P.C., we understand that railroad workers face unique risks every day and that they do not have the protection of workers' compensation coverage in the event of a catastrophic accident that results in a life-changing injury, such as a brain injury or spinal cord injury. To schedule a free consultation and case review if you have been injured in a rail accident, or to learn more about FELA lawsuits in Michigan, contact us today. Our railroad accident attorneys can provide you with the information you need to make an informed decision on pursuing your claim.