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Beachwood, Ohio personal injury attorney Jeffrey A. Leikin talks about how railroad accident cases are different from other accident cases. He explains that railroad injury cases are distinct from other personal injury claims because they are governed by the Federal Employers Liability Act (FELA). Unlike standard negligence claims, FELA allows an injured railroad worker to recover damages even if they are primarily at fault for their own injury—this is referred to as “pure comparative negligence.” Additionally, FELA provides unique provisions for wrongful death cases and has specific rules regarding retirement benefits, requiring specialized knowledge to navigate effectively.
Over the years, he has served as counsel for the Transport Workers Union, representing carmen for the now-defunct Conrail railroad system. His experience spans clients from Toledo to Youngstown and across both major interstate rail lines and smaller short lines, including U.S. Steel in Lorain and Lordstown, as well as the recently closed GM PL plant.
He notes that these cases are challenging, as railroads are often aggressive in defending claims and may retaliate against workers who file lawsuits. Drawing on his extensive experience, he is able to secure not only compensation for the injury itself but also relief from retaliatory actions, ensuring that his clients’ rights are fully protected.