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Beachwood, Ohio personal injury attorney Jeffrey A. Leikin talks about how railroad accident cases are different from other accident cases. An injured railroad accident case is distinct from other personal injury cases due to its governance under the Federal Employers Liability Act (FELA). This act significantly modifies common law, allowing injured railroad workers to collect damages even if they are 90% at fault for their own injuries, a principle known as pure comparative negligence. Furthermore, FELA includes specific provisions related to damages in wrongful death cases and addresses unique retirement benefits.
To effectively navigate these complexities, it is crucial to engage a lawyer who is well-versed in the intricacies of FELA. Over the years, this lawyer has served as counsel for the Transport Workers Union, representing the Carmen for the now-defunct Conrail railroad system. They have advocated for clients from Toledo to Youngstown and various locations in between, representing injured railroad workers on both interstate rails and short lines, including U.S. Steel in Lorraine and the recently closed GMPL plant.
These cases pose particular challenges, as railroads are notorious for retaliating against workers who file claims. The lawyer possesses the necessary experience to manage these situations effectively, seeking relief not only for the injury itself but also for any retaliation that the worker may encounter.