Q: What if I was also at fault for my injury, am I out of luck?
A: No, fortunately, in a FELA case, if the injured worker is partly at fault along with the railroad, then the total amount of the recovery is only reduced by the worker's proportional share of fault. So, for instance, if a worker was 10% at fault, and the total amount of recovery is $100,000, then that amount would be reduced by 10% to $90,000. An injured worker is barred from recovering only when the worker causes the injury solely and entirely, or the railroad isn't at fault at all.
Joseph Perez Attorney and Counselor at Law
4525 South Boulevard
Suite 300
Virginia Beach, VA 23452
Phone: 757.626.0292
Get Directions