Norfolk Southern Railway is a large railway on the east coast with approximately 26,300 miles of tracks in 22 states in the east and some areas in Canada. Due in part to the size of the company, Norfolk Southern Railway has had many employees suffer injuries on the railroad. If you have been injured working on a Norfolk Southern Railway railroad, you deserve compensation under the FELA act. Contact the attorneys at Murphy, Falcon & Murphy for help.
The Federal Employers Liability Act (FELA) was created to protect railroad workers from injuries and help them receive compensation if they were not at fault. Similar to workers’ compensation, FELA’s purpose is to hold the employer accountable. However, unlike workers’ compensation, FELA claims require that you prove that the railroad company was at fault.
Negligent behavior occurs when a company does not fulfill its duties to keep its employees safe while they are working. A railroad company is required to:
FELA claims are more extensive than workers’ compensation, they require less proof of liability than other personal injury cases. Successful FELA cases do not require proof that the railroad company was completely at fault for the accident. The company must only be at least partially at fault.
FELA cases follow the comparative negligence rule, which means that the court will examine the roles both parties played in the incident and adjust the compensation based on the victim’s fault. For example, if the victim was 30% responsible for his or her injury, the plaintiff would be awarded 30% less of the full cost of damages.
Like other large railroad companies, many Norfolk employees have suffered various injuries. Some of the common ones include:
Norfolk Southern Railway has had some difficulties with FELA cases in the past. It has been accused of wrongfully firing an employee multiple times. In 2012, the company was ordered to pay a large fine for firing a railroad worker because the worker filed a report about a workplace injury, which is illegal under the Federal Railroad Safety Act (FRSA).
FRSA was created to protect the rights of railroad workers. A railroad company cannot fire an employee if they:
The railroad company cannot punish an employee for reporting or refusing to work in hazardous conditions.
If you or a loved one has been injured working on a Norfolk Southern Railway railroad, you deserve compensation under FELA. Contact Murphy, Falcon & Murphy for experienced knowledge, guidance, and representation on your FELA case.