If you are a Montana railroad worker who sustains an injury while on the job, you have rights to compensation under the Federal Employers Liability Act (“FELA”).
FELA is a federal law enacted in recognition of the inherent dangers associated with working in the railroad industry. The law is designed to compensate railroad workers after an injury caused by a railroad carrier’s negligence.
Montana workers who suffer a workplace injury typically file a workers’ compensation claim under Montana state law. Railroad workers are not covered by Montana’s workers’ compensation statutes but can file a claim under FEMA in a federal or local state court.
FELA covers most railroad employees who are injured while at work. To recover compensation, you must prove that you sustained injuries due to the negligence of the railroad. Additionally, if you prove that the railroad violated a safety statute or safety regulation, the railroad is strictly liable and you do not need to prove negligence.
What to do after a railroad injury
Following these steps is important after a railroad injury to secure your rights under FEMA and increase your chance of prompt and adequate compensation.
Tell your employer about the injury. Make sure a report is made and that the report accurately reflects what happened. Do not let your employer put information in the report you do not agree with or that misinterprets what occurred.
Next, talk with your union representative about what happened and ask for advice. File applications to secure disability compensation under your collective bargaining agreement.
Seeing a doctor as soon as you can after the injury is your next step. Be honest with the doctor and provide them with information on any prior injuries.
The importance of medical documentation
Tell the doctor exactly what happened and follow their advice and instructions. Keep all medical records and documentation from your visit. Obtain a note from the doctor allowing you to remain out of work until your injury heals.
Start collecting evidence to prove your negligence case. Speak with any witnesses to the accident and obtain their contact information.
Take photographs of your injuries, starting the day of the injury. Continue to photograph your injury over time to document the healing process and show that you have not done anything to aggravate the injury.
Types of available damages
Keep records of your losses. You will need this documentation to prove your damages. Some examples of damages you can recover are past and future medical expenses, past and future lost wages and other out-of-pocket expenses.
Depending on your situation, you could also recover compensation for any mental or emotional distress caused by any resulting physical disability or disfigurement, as well as the value of any lost limb or organ.
The amount you ultimately recover under your FEMA claim depends on various factors. The nature and severity of your injury, whether you can return to work and whether any of your injuries are permanent are some factors used to decide compensation.
A court will also examine whether any of your own conduct caused or contributed to the injury. The railroad may attempt to minimize its liability with this argument so it is important to be prepared to defend yourself.
