Kaplan Law Corporation specializes in the representation of railroad workers and their families under the Federal Employers Liability Act (F.E.L.A.). In addition to our specialization in FELA matters, we have attorneys handling cases involving all types of personal injury accidents (Third party construction, maritime, Jones Act, product liability, wrongful death, aviation, auto) as well as attorneys who handle employment law, wrongful termination, discrimination matters, pension rights, criminal and worker's compensation matters.
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FELA is short for the Federal Employer's Liability Act. This Act was passed by congress to promote safety and ensure that the terrible toll of injuries and deaths suffered by railroad workers did not occur without a just remedy for the injured worker or his survivors.
Kaplan Law Corporation as union approved attorneys provides a description of your FELA rights as an injured railroad worker in Navajo and Spanish.
Click a language to download a PDF version of the article.
English
Navajo
Spanish
Did you know that under the General Rules of most railroads, you are only required to fill out an accident report? You are NOT required, under the rules, to give the railroad claims agent either a written or tape recorded statement even though they may likely give you the impression that you are. The reason that the railroad and their claims agents are so eager to take a statement from you is that they are asking you questions posed originally by their attorneys for the sole purpose of severely weakening your case while bolstering their own.
Under the Federal Employer's Liability Act which is a specially created statute by the congress of the United States that pertains specifically to railroad workers, the railroad owes a continuing and non-delegable duty to use reasonable care to provide employees with a safe place to work. Additionally, the railroad owes a duty to provide reasonably safe, proper and suitable tools, equipment and machinery to their employees so that they can safely perform their assigned work tasks, a duty to promulgate and enforce safety rules, a duty to provide sufficient help to perform the assigned tasks, a duty to not order workers to perform work beyond their physical capabilities, as well as a duty to warn employees of hazardous and unsafe working conditions.