An injured railroad worker who brings a claim under Federal Employers’ Liability Act (FELA) must prove his employer was negligent before he can recover damages. Because of this requirement, railroad employers often come up with excuses and defenses to deflect blame on another party so as to avoid liability. If you have suffered on-the-job injury as a railroad worker, a Virginia FELA Attorney can help you counter any defenses your employer may come up with.
Although Congress enacted the FELA law primarily to protect workers by eliminating several of the defenses employers use to defeat personal injury claims brought by injured workers, over the years, railroad employers have come up with several tactics to evade responsibility and avoid paying compensation to injured workers. Railroad employers use the assertions below to attempt to defeat FELA claims:
An experienced injury attorney often knows from experience the likely defenses a railroad employer or other liable party will assert to defeat a claim. Fortunately, the law provides many avenues for an injured worker and his attorney to obtain evidence that will help an injured worker’s claim.
For example, if a railroad worker suffers an injury as a result of an assault by a fellow employee and the railroad employer claims they could not have foreseen the attack, an experienced attorney can ask the railroad employer to produce its personnel records to determine if the attacker had previously attacked another employee or exhibited violent tendencies.
In the past, injured railroad workers have successfully proved negligence against their employers for intentional acts and crimes committed by third parties by producing evidence to show the area where the wrongful conduct took place is a high crime area, yet the employer failed to take reasonable steps to provide security measures for the employee. Therefore, having an attorney who can obtain the evidence necessary to prove a FELA claim is very vital for securing a favorable verdict or settlement.
Proving negligence against a railroad employer can be challenging as they have the resources to hire good experts and attorneys to argue the case in their favor. If you have been injured while working for a railroad employer, contact a Virginia FELA lawyer for a free case evaluation to determine what compensation you may be entitled to and the best way to fight the defenses your employer may assert to avoid liability.
Mr. Hoen handled my workman's comp case. He and his staff were outstanding. He took care of every little/big detail needed. He and his staff were there for every question we had. I highly recommend him.
Very great attorney. Would very greatly recommend him to anyone.
I can’t thank you enough. Everyone is awesome. I recommend Mr. Hoen for all your legal needs.
Mr. Hoen was thorough and professional. I recommend him if you need a good lawyer.
Mr. Hoen was very competent, friendly, and worked very hard to bring my case to a satisfactory ending. I would recommend him to anyone who needs legal representation.
I am happy with the service. Thank you. God Bless.
Great attorney and free consultation
Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.
After months and months of frustration attempting to handle the logistics of my husband’s workers' compensation case, we sought legal counsel from Mr. Hoen’s firm. It was such a relief to have someone with such professionalism and knowledge take the…
Mr. Hoen and his staff have always shown the proper concern and professionalism with every aspect of my case. He has even gone as far as to communicate with me while he was at home or out on holiday. If…
Virginia workman’s comp lawyer Jan Hoen is prepared to fight to protect your legal rights. Contact Hampton Injury Law PLC as soon as possible after a work injury and allow attorney Jan Hoen to use his resources and experience to fight for you.
Do you have a question about your legal matters?
Receive a free consultation by filling out the form below.