Legal Question in Workers Comp in Georgia

FELA claim

I need to know if i have an FELA claim. I was was hired in 1998 by CSX RR. I made them aware of pre-existing conditions with my back. They did not seem to care. I told them I wanted to be a locomotive engineer, they said no problem. But that i would have to work as a conductor first and await promotion, that it would not be long. Back condition has gotten worse and have now been pulled out of service. Have been out of work now for over three months without pay.They cannot tell me when i can return to work. I am getting the biggest runaround of my entire life. My wife just gave birth to our first child and we are at the bottom of the barrell.If I quit i dont think i have a leg to stand on.I need to know where to go from here, if anywhere. I have been told by union general chairman that this has to be treated as a workmans compensation case. I have received no compensation whatsoever. What do I do now?


Asked on 3/16/01, 5:37 pm

1 Answer from Attorneys

Eugene Brooks Brooks Law Firm

Re: FELA claim

In order to have an FELA claim, you must be able to prove that the RR's negligence caused, to any degree, your physical injury. So, you must ask yourself what the RR did to cause your back condition to worsen. If the RR did or failed to do something that should have been done, and this act or omission contributed to the worsening of your back condition, then you would have an FELA claim.

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Answered on 5/25/01, 1:52 pm


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