- Accident and Injury Law
- Railroad Worker Injury Lawyers
- Answers and Information
- Implications of Comparative Negligence
Railroad Worker Injury:
The FELA statutory scheme allows many protections to an injured railroad worker. Fault in FELA claims is usually easier to establish than in most other lawsuits. The main defense to a defendant in a FELA claim is a worker’s comparative negligence. By using this defense, the railroad company will aim to show that the worker’s negligence caused or contributed to their injuries.
After all arguments in a FELA case are heard, the jury will determine who should be held responsible for the railroad worker’s injury. The jury will usually try to assign a percentage of fault to each party involved and this percentage will correspond to the damages awarded to the injured worker.