At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
FELA claims must be supported by documents that show evidence of employer negligence and show that it was a contributing factor to your injury. Evidence such as accident reports, medical records, witness statements, safety documentation, and visual proof of hazardous conditions can be very effective to support your claim.
Railroad accident reports filed immediately after your injury provide evidence for your claim. A supervisor's report, yard reports, and internal safety documents provide details of what happened during the incident. Records showing past hazards at the same location, near-miss reports, and maintenance logs can demonstrate that the railroad knew or should have known about dangerous conditions before you were injured.
A medical document shows the extent of your injury and that it was directly caused by the workplace incident. You can determine the severity of your condition based on your treatment records, diagnostic imaging, surgical reports, and rehabilitation notes. You can use doctors' statements to determine how your injury affects your ability to work and live your life in terms of work restrictions, long-term impairment, and recovery prognosis.
Your version of events is supported by coworker accounts of unsafe working conditions or defective equipment. Supervisors or other personnel present during or immediately after the incident may provide additional insight into what happened. Workers who reported the same hazard previously strengthen claims that the railroad was aware of dangerous conditions but failed to correct them.
Track inspections, maintenance logs, and repair histories can reveal whether a railroad's infrastructure and equipment are properly maintained. Repeated reports of the same hazard or defective equipment indicate a pattern of neglect. Railways that fail to meet safety standards can be shown to have violated OSHA, had safety audits conducted, and had internal compliance reports prepared.
Abstract claims become concrete with evidence of accident scenes, defective equipment, broken tools, or hazardous conditions. A surveillance camera may have captured the incident in a rail yard, depot, or shop. An image showing visible injuries reveals the extent of your injuries.
Timesheets, sign-in records, task assignments, and job tickets can provide information about what you were doing when the injury occurred. The crew roster identifies who else may have witnessed the incident. These documents show that you were performing railroad work duties at the time you were injured.
Records showing whether you received required safety training help establish that the railroad met or failed its duty to properly train employees. Documentation of whether the railroad followed its own safety protocols demonstrates the employer's commitment to or disregard for worker safety.
In the event that the railroad knew about the hazardous conditions before your injury, you can make a stronger claim for compensation. An incident involving previous equipment, track sections, or unsafe practices suggests actual notice. Constructive notice is established even without prior complaints if hazards were obvious or longstanding.
We have extensive experience gathering and presenting evidence in FELA cases to prove employer negligence and maximize compensation. Documentation that tells the complete story of the injuries you suffered as a result of railroad negligence is key to building a strong case. Let our attorneys help you build the strongest FELA claim possible by reaching out to Environmental Litigation Group today.