In Mississippi and across the United States, the Federal Employers’ Liability Act (FELA) protects many railroad workers who have been injured on the job due to their employer’s negligence. Speak with a FELA railroad injury lawyer in Mississippi if you want to file a claim under FELA. Your attorney can explain if you may file a claim and, if so, help you submit one.
Poolson | Oden is proud to serve injured railroad workers and their families. We have helped our clients recover over $30 million within the last five years. Trust our railroad injury lawyer in Mississippi to represent and advocate for you as part of a claim under FELA. For more information, request a free consultation.
Why You Should Move Forward with a FELA Railroad Injury Case in Mississippi
If you’re a railroad worker who was injured on the job and your employer may be liable, you could recover compensation from them through a claim under FELA. Otherwise, if you choose not to do anything, you may have to cover your injury-related losses out of pocket.
Your Mississippi personal injury lawyers may advise you not to wait to file a claim. They can provide you with FAQs and other resources as you weigh your legal options. If you want to proceed with a claim, your lawyer can guide you through each stage.
The team at Poolson | Oden has more than 80 years of combined legal experience. We are dedicated to using what we know to help our clients achieve outstanding case results. Let us review your railroad injury case and determine your eligibility for filing a claim under FELA. Contact our FELA railroad injury attorneys in Mississippi today.
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How Much Time Do You Have to File a Claim Under FELA for Railroad Injuries
In alignment with 45 U.S.C. § 51 et seq., the statute of limitations for many railroad injury claims under FELA is three years. This means that if you work as a railroad employee and get hurt on the job because of your employer’s actions, you may have up to three years from the date that your injuries occurred to file a claim.
Your Mississippi FELA railroad injury lawyer can help you file your claim before the window in which you’re allowed to do so closes. They can provide insights into whether an illness may be considered an injury under FELA and other topics specific to your case. Plus, they can position you to recover economic and non-economic damages.
If you hire a railroad attorney, you may be well-equipped to secure compensation for your medical bills, lost wages, pain and suffering, and other tangible and intangible losses through a claim under FELA. To help you get the results you want, your lawyer may craft an argument centered around negligence.
How to Prove Negligence in a FELA Railroad Injury Case
Your lawyer wants to be able to prove that your employer acted negligently and, as a result, should be held responsible for your injuries and all associated losses. To prove negligence, your lawyer may try to illustrate the following in their argument:
- Your employer had a duty of care and was legally required to provide you with a safe work environment and to take reasonable measures to protect you from harm.
- They committed a careless or reckless act that had the potential to cause harm to you and others.
- This act led to your injuries.
- You are dealing with losses because your employer breached their duty to you.
In alignment with FELA, you may be subject to pure comparative negligence. This allows a state or federal court to award partial damages if you’re found to be in any way responsible for your railroad injuries. As such, you could be 99% at fault for your railroad injuries and still recover damages through a claim under FELA.
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Can Railroad Workers Get Money for Their Injuries Through Workers’ Compensation Instead of FELA
Generally, if you are a full- or part-time employee of a railroad in Mississippi and suffer injuries while working, you may pursue compensation through a claim under FELA. Meanwhile, in this situation, you may not be covered under the state’s workers’ comp system.
Similarly, if you are a contract employee for a railroad who gets hurt at work, you may not be able to seek compensation for your injury-related losses through Mississippi’s workers’ compensation system. At the same time, you may be ineligible to file a railroad injury claim under FELA.
Contractors can typically ask for compensation for their railroad injury losses through a personal injury lawsuit. Per Mississippi Code § 15-1-49, the statute of limitations for most railroad contractors to file a lawsuit for on-the-job injuries is three years.
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When to File a Wrongful Death Claim Under the FELA for a Fatal Railroad Injury
Sadly, you lose a family member after they suffer a fatal railroad work injury. The loss is devastating for you and your loved ones. During this challenging time, remember, you have access to legal guidance and support in the form of railroad injury lawyers.
Meeting with a railroad injury attorney who has wrongful death case experience may benefit you and your family. Your lawyer empathizes with you and your loved ones as you cope with your tragedy. They can describe what a wrongful death claim under FELA entails. If you are eligible to file a railroad injury claim on behalf of your late loved one, your attorney is ready to help.
Your lawyer may help you pursue compensation for your loved one’s burial and funeral expenses, loss of income, and other losses. They may negotiate a wrongful death settlement. Alternatively, they may argue your case in state or federal court.
Contact Our FELA Railroad Injury Attorneys in Mississippi Today
Don’t Get Railroaded® as you go through the process of filing a railroad injury claim under FELA. Partner with a Mississippi FELA railroad injury attorney from Poolson | Oden.
We will prioritize your claim and position you to get fair compensation for your injury-related losses. To learn more, schedule a free case consultation.