Knowledgeable Merrillville Attorneys for Issues Related to FELA
Helping injured people in Portage, Valparaiso, Crown Point, Hammond, Lake County and Porter County
The Federal Employers Liability Act (FELA) was passed in 1908 to protect railroad workers’ rights and safety. The knowledgeable attorneys at Schlyer & Associates, P.C. in Merrillville have years of experience navigating a wider range of issues related to this law and helping injured people throughout Indiana and Illinois with their claims. Known for our honesty, loyalty and hard work, our team knows what it takes to provide outstanding representation in your case. We work often with employees of Canadian National, EJ&E and the Amtrak trains that travel daily from Chicago through Gary and South Bend.
FELA: An explanation
FELA allows railroad workers to file a claim against their employers for injuries sustained on the job. Unlike workers’ compensation, FELA does not recognize the “assumed risk” of an employee, making it inadmissible as a defense. Therefore, even though the job may be inherently dangerous, employers cannot use this as a reason to deny compensation for personal injuries. The law also favors employees who are partially at fault for an accident and gives them flexibility in filing claims. FELA allows you to pursue damages for lost wages, medical expenses, physical or emotional pain and suffering, partial or permanent disabilities, disfigurement, and loss of earning capacity.
Factors that impact the value of your claim
Because of the size and weight of equipment involved in the railroad industry, very serious accidents may occur. Subsequently, even preemptive measures may not protect a railroad employee from injury. Some of the most common issues are broken bones, amputation, burns and spinal cord injuries. The factors used to determine the value of your claim include:
- Degree of employer negligence: The degree to which the employer was negligent is one of the most important factors in an injury claim. If you can prove that the company failed to uphold safety standards, you’ll have a better chance at success.
- Degree of employee responsibility: If you were partially or primarily responsible for the accident that caused your injuries, it could negatively affect the value of your claim. However, it’s important to note that you still may be eligible to receive some compensation, even if the accident was largely your fault.
- Type of injury: The value of your claim largely depends on the type of injury. The most serious types of injuries, such as amputation and spinal cord damage, can affect your quality of life for years after the incident. Other factors include the pain and suffering you experienced because of the injury.
- Type of medical care required: The length and intensity of medical treatment directly tied to your workplace injury significantly affects the value of your claim.
- Strength of your legal representation: It’s important to know your rights and the amount of compensation to which you are entitled with a FELA claim. A personal injury attorney who has experience with FELA-related matters can give you the best chance at success.
Large firm experience in a small firm environment
Our team includes people with a variety of interests and backgrounds, including an attorney with an understanding of engines. We have experience taking on nationally-known entities –and a record of success. We have an in-house physician to evaluate you and make sure you get the best care.
An Indiana law firm assisting with FELA claims
If you need assistance with FELA issues in Indiana or Illinois, meet with a knowledgeable attorney at Schlyer & Associates, P.C. We offer free initial consultations and only collect attorney fees if your claim is successful, so call us at 219-757-0225 or contact us online today. Our office is in Merrillville, near Interstate 65 and U.S. 30.