Peyton Law Firm, P.L.L.C.
View Our Practice Areas

COVID-19 Status: The governor designated legal services as essential (we agree). Peyton Law Firm will continue operations by conducting telephonic meetings with clients as well as electronic communication. We are avoiding in person office conferences unless absolutely necessary. Our staff is on a rotating schedule to maintain social distancing but one member of our staff will be available from 8:00am to 5:00pm Monday through Friday. If you have a legal issue in these difficult times, don't hesitate to email, call or message us on Facebook. We are glad to help. We usually welcome walk-ins, but not at this time. Everyone stay safe and have faith we will return to normal. The WV Supreme Court and other local court systems have cancelled all non-emergency hearings through April 10.⚖️

Centers for Disease Control and Prevention: COVID-19

When West Virginia railroad workers are injured on the job, they must proceed under the Federal Employers Liability Act instead of under the state's workers' compensation program. The law, which was passed in 1908, is meant to protect railroad workers who are injured while working. Unlike workers' compensation, however, FELA is a fault-based law. This means that the railroad must be shown to have been at least partially responsible for the accident.

FELA provides many of the same types of benefits as does workers' compensation. Unlike workers' compensation, FELA allows injured workers to sue their employer for damages in federal court if they were not completely to blame for causing their own accidents and resulting injuries. Awards are often much higher in FELA cases than they are in workers' compensation matters.

In order to prevail in a FELA claim, plaintiffs must show that a defective or faulty piece of equipment or the negligence of another worker or of the railroad were at least partly to blame for their injuries. Juries determine the proportion of liability each party holds and assigns percentages in order to determine the size of the award to which the plaintiff is entitled.

Although the media focus with respect to these incidents is usually on the passengers, conductors and other workers were, for example, among the casualties when an Amtrak train derailed near Philadelphia in 2015. A railroad worker who is injured in such a train accident might want to meet with an attorney in order to determine how best to proceed.

No Comments

Leave a comment
Comment Information

Office Location

Peyton Law Firm, P.L.L.C.
2801 First Avenue
P.O. Box 216
Nitro, WV 25143-1602

Toll Free: 800-681-9555
Phone: 304-755-5556
Map & Directions