denver railroad accident lawyers & FELA claims

Denver is a major hub for railroad activity, with freight and passenger trains passing through the city daily. While railroads play a crucial role in Colorado’s transportation and economy, working in the industry comes with significant risks. 

Railroad injuries often occur from slip and falls, defective equipment, collisions and derailments, exposure to hazardous materials, heavy lifting, or lack of proper safety training. A railway accident can be devastating. It can lead to serious injuries, financial strain, and long-term consequences for workers and their families.

Unlike most employees, traditional workers’ compensation does not cover railroad workers. Instead, they must rely on the Federal Employers’ Liability Act (FELA) to seek compensation after a workplace injury.

At Gerash Steiner Blanton, P.C., we understand the challenges railroad employees face after an accident. If you were injured while working on the railway, an experienced railroad injury attorney from our team can help you navigate the complex legal process, protect your rights, and fight for the compensation you deserve.

Understanding Your Rights Under FELA

The Federal Employees’ Liability Act (FELA) was a law passed in 1908 by the United States Congress. The Act was implemented to help protect railroad workers injured on the job. This law is still in effect and continues to establish the rights of railroad workers who have suffered injuries. Unlike other workplace injury claims, FELA allows injured railroad workers to sue their employer for negligence and recover full compensation for their damages.

If you are a railroad worker injured on the job, you have the following rights under FELA:

  • The right to retain your own lawyer. Your employer or union may try to guide you toward a company-approved attorney, but you have the right to choose your own legal representation.
  • The right to seek medical treatment. As a railroad worker, you have the right to see the doctor of your choice rather than one recommended by your employer. 
  • The right to sue your employer for your injuries. If your injury was caused by employer negligence, defective equipment, or unsafe working conditions, you can file a lawsuit to recover damages.

Understanding these rights is crucial in ensuring you receive the compensation and support necessary for your recovery. Gerash Steiner Blanton’s FELA attorneys can help you understand the full spectrum of rights you have under the law. 

How to Prove a FELA Claim

Under the law, railroads must provide safe working environments to their employees. To prove a claim under FELA, an injured railway worker must show that their employer’s negligence played a role in causing their injury. Unlike traditional workers’ compensation, which does not require proof of fault, FELA operates under a comparative negligence standard. With comparative negligence, the railroad can be liable even if it was only partly responsible. 

As the injured party, you must provide evidence such as witness statements, medical records, accident reports, safety violations, or expert testimony to show that the employer failed to provide a reasonably safe work environment. This could include proving that inadequate training or supervision, defective equipment, failure to enforce safety regulations, insufficient staffing, poor maintenance, or dangerous working conditions contributed to the injury.

What Damages Are Available Under FELA?

Under the FELA, railroad employees can file lawsuits against their employers for the damages they have suffered. These damages may include:

  • Missed and future wages; 
  • Loss of earning capacity;
  • Emotional suffering; 
  • Loss of enjoyment of life; and
  • Medical bills. 

In addition to covering past and future medical expenses, FELA allows injured railway workers to recover compensation for pain and suffering. Furthermore, if an injury results in permanent disability, the worker may recover long-term compensation based on the severity of their impairment and its impact on their ability to work. In cases of fatal injuries, the worker’s family may pursue wrongful death damages, including loss of financial support and companionship.

Traditional workers’ compensation programs are generally much more limited and do not give workers the right to sue their employers. 

Unfortunately, Colorado limits the amount of damages an injured party can recover for personal injury and wrongful death actions, which may cap the compensation you receive in a railroad accident. A railroad injury attorney can help you estimate the amount of compensation that is available for your situation.

How a Railroad Injury Lawyer Can Help Your Claim

Navigating a FELA claim can be overwhelming, especially while dealing with a serious injury. Employers and insurance companies often try to minimize claims or deny them altogether. Our legal team can:

  • Investigate the accident. We gather evidence, review safety records, and interview witnesses to build a strong case.
  • Prove employer negligence. Demonstrating how unsafe working conditions or faulty equipment contributed to your injury.
  • Calculate your full damages. We assess your medical costs, lost wages, future earning capacity, and emotional distress to determine the compensation you deserve.
  • Negotiate with your employer. Employers often try to settle claims for less than their true value. We negotiate aggressively to secure a fair settlement.
  • Take your case to trial if necessary. If a fair settlement isn’t possible, we are ready to take your case to court and fight for maximum compensation.

Hiring an experienced Gerash Steiner Blanton railroad injury attorney ensures you have a strong advocate on your side.

Choose Gerash Steiner Blanton to Help You Pursue a Railroad Injury Claim

If you are a railroad employee and hurt on the job, talk to one of our Denver FELA attorneys about your case and the rights provided to you by federal law. Our Denver firm has been representing railroad injury victims for decades. 

We have extensive experience handling cases in Colorado courts and understand the complexities of FELA claims. Our team has successfully secured hundreds of thousands of dollars in compensation for personal injury clients, helping them recover lost wages, medical expenses, and damages for pain and suffering. At Gerash Steiner Blanton, P.C., we are committed to advancing the rights of the clients we represent, as well as their families. Do not hesitate to talk to our experienced personal injury lawyers in Denver about your case.

Our experienced attorneys also handle other types of injury cases, including:

In order to better understand your rights as an injured railroad worker under the FELA, our firm offers free initial consultations. Call us today and begin the process.