Attorney Harrison Kaplan practices law at Kaplan Law Corporation in Los Angeles, California, where he focuses on representing injured railroad workers and their families. His work centers on claims under the Federal Employers’ Liability Act (FELA), along with related areas such as Jones Act cases and California personal injury matters. This article examines his professional background, the legal frameworks in which he operates, and the broader implications of his practice for workers seeking compensation after workplace injuries.
Background and Professional Journey of Attorney Harrison Kaplan
Harrison Jay Kaplan, licensed by the State Bar of California (Bar Number 334707), brings a family legacy of advocacy for injured workers to his practice. He graduated from the University of California at Riverside with a degree in sociology and earned his Juris Doctor from Southwestern Law School through its SCALE accelerated two-year program.
Prior to law school, Harrison Kaplan gained early exposure to public service through internships with California State Senator Ben Allen and Assembly member Miguel Santiago. During law school, he externed at the Constitutional Rights Foundation. These experiences shaped his commitment to public interest and advocacy. He is a member of the Academy of Rail Labor Attorneys (ARLA), an organization dedicated to attorneys representing railroad workers.
His motivation stems from family tradition. His father, Jay A. Kaplan, founded Kaplan Law Corporation after years of experience representing railroad workers, including clerking for a firm with a long history in FELA litigation. Grandfather Victor Kaplan also emphasized fighting for injured working people. This lineage informs Attorney Harrison Kaplan’s approach, which emphasizes zealous advocacy within established legal boundaries.
Kaplan Law Corporation, located at 1901 Avenue of the Stars, 19th Floor, Los Angeles, CA 90067, specializes in FELA claims for railroad employees systemwide. The firm handles cases involving cumulative trauma, acute injuries, and other workplace harms that affect railroad personnel across various carriers.
Understanding FELA: The Core Framework for Railroad Worker Claims
The Federal Employers’ Liability Act, codified at 45 U.S.C. § 51 et seq., was enacted by Congress in 1908. Unlike state workers’ compensation systems, which typically provide no-fault benefits with capped recoveries, FELA allows injured railroad workers to pursue full damages through a negligence-based lawsuit in federal or state court. This includes economic losses (such as medical bills and lost wages) and non-economic damages (such as pain and suffering).
Key features of FELA include:
- A relaxed standard of proof for causation: The employer’s negligence need only play some part, even slight, in producing the injury.
- Comparative negligence: Damages are reduced in proportion to the worker’s own fault, but recovery is not barred unless the worker is entirely at fault.
- Jury trials: Workers have the right to present their case to a jury.
- Preemption of state workers’ compensation laws for interstate railroad employees.
Attorney Harrison Kaplan and his firm navigate these provisions regularly. For example, cumulative trauma claims arise from repeated exposure to harmful conditions, such as repetitive motions, vibrations, heavy lifting, or awkward postures over time. These differ from single-incident injuries but remain actionable under FELA if linked to negligent workplace conditions or inadequate safety measures.
Courts have interpreted FELA broadly to protect workers. The U.S. Supreme Court has addressed aspects of the statute in cases emphasizing its remedial purpose. In practice, filings typically involve detailed investigation of railroad operations, safety protocols, equipment maintenance records, and medical evidence establishing the connection between work conditions and injury.
The Role of Attorney Harrison Kaplan in Personal Injury and Railroad Litigation
In his practice, Attorney Harrison Kaplan handles cases that often require coordination across multiple jurisdictions, given the interstate nature of railroad work. This includes gathering evidence from incident scenes, obtaining employment and medical records, consulting expert witnesses (such as ergonomists, economists, and medical specialists), and engaging in discovery processes governed by the Federal Rules of Civil Procedure or applicable state rules.
Real-world FELA cases frequently involve:
- Orthopedic injuries from repetitive strain or sudden accidents.
- Hearing loss or respiratory conditions from prolonged exposure.
- Psychological claims in certain circumstances.
- Wrongful death actions on behalf of surviving family members.
The firm has secured significant verdicts and settlements for clients, reflecting the potential for substantial recoveries under FELA compared to standard workers’ compensation. One reported example involved a multi-million-dollar outcome for a shoulder injury claim.
Attorney Harrison Kaplan’s involvement often begins with an initial consultation to evaluate the viability of a claim. Railroad employers and their insurers typically investigate aggressively, making early legal representation important for preserving evidence and protecting rights. Common procedures include filing complaints in U.S. District Courts or appropriate state courts, motions practice, mediation or settlement conferences, and, when necessary, trial.
Legal Processes in FELA and Personal Injury Cases: A Practical Overview
For individuals unfamiliar with the system, the path of a typical case under Attorney Harrison Kaplan’s area of focus follows standard civil litigation steps:
- Initial Assessment and Filing: After injury reporting to the employer (often required under railroad protocols), the worker consults counsel. A complaint is drafted and filed within the statute of limitations, generally three years from the date the injury was discovered or reasonably should have been discovered.
- Discovery Phase: Both sides exchange information. This includes interrogatories, document requests, depositions of witnesses and company officials, and site inspections. Railroads may produce voluminous safety and maintenance records.
- Expert Involvement: Medical experts establish causation and prognosis. Vocational and economic experts quantify lost earning capacity. Safety experts may address industry standards and deviations.
- Pre-Trial Motions and Negotiations: Summary judgment motions test the legal sufficiency of claims. Many cases resolve through negotiation or mediation, but prepared trial readiness strengthens negotiating positions.
- Trial and Appeals: If unresolved, a jury hears evidence. Post-trial motions and potential appeals to U.S. Courts of Appeals (such as the Ninth Circuit, where Kaplan Law Corporation attorneys have experience) may follow.
These processes highlight the importance of experienced representation. Delays in seeking counsel can lead to lost evidence, such as surveillance footage or witness recollections. Attorney Harrison Kaplan’s background equips him to manage these complexities effectively.
Broader Context: Regulatory Frameworks and Worker Protections
FELA operates alongside other federal laws affecting railroad workers, including the Locomotive Inspection Act, Safety Appliance Act, and regulations from the Federal Railroad Administration (FRA) and Occupational Safety and Health Administration (OSHA) in applicable contexts. Violations of these safety standards can serve as evidence of negligence in FELA suits.
The Jones Act (46 U.S.C. § 30104) extends similar protections to seamen, another area in which the firm has experience. California state laws supplement claims for non-railroad personal injury matters, incorporating comparative fault principles under Civil Code provisions.
Trends in litigation reflect evolving workplace risks, including those related to longer hours, fatigue, and technological changes in the industry. Courts continue to refine standards for admissibility of evidence and damages calculations.
Why Experience Matters in Railroad Injury Representation
Selecting counsel for FELA matters involves evaluating track record in similar cases, familiarity with railroad-specific discovery challenges (such as claims of privilege over internal investigations), and willingness to invest resources in complex litigation. Firms like Kaplan Law Corporation, with decades of focused practice, understand the unique dynamics of unionized workforces, collective bargaining agreements, and industry customs.
Attorney Harrison Kaplan continues a tradition of peer-recognized practice. His father holds an AV Preeminent rating from Martindale-Hubbell, reflecting high ethical and ability standards. Membership in trial lawyer associations further signals commitment to advocacy standards.
Common Challenges Faced by Injured Railroad Workers
Railroad workers often encounter:
- Pressure to return to work quickly or downplay injuries.
- Complex medical causation issues, especially with cumulative trauma.
- Disputes over the extent of damages.
- Multi-employer or contractor scenarios complicating liability.
Effective representation addresses these by building a strong evidentiary record and countering defenses. Legal counsel can also advise on interactions with disability benefits, Social Security, and other collateral sources, while navigating rules against double recovery.
The Importance of Informed Decision-Making for Workers
Individuals considering legal action should understand that each case turns on its specific facts. Statutes of limitations impose strict deadlines. Evidence preservation (such as photographs, medical records, and incident reports) is critical.
This article provides general information based on established legal principles and publicly available details about Attorney Harrison Kaplan’s practice. Outcomes vary widely depending on case specifics, jurisdiction, and many other factors.
Attorney Harrison Kaplan’s Contributions to Legal Practice
Through his work at Kaplan Law Corporation, Attorney Harrison Kaplan participates in the ongoing application of FELA in modern contexts. His firm’s multilingual resources (including English, Spanish, and Navajo descriptions of rights) reflect efforts to serve diverse railroad communities.
As a newer member of the bar relative to his father, Harrison Kaplan represents the continuation of specialized plaintiff-side representation in an area historically dominated by a limited number of firms with deep industry knowledge.
Legal Analysis: Balancing Employer Responsibilities and Worker Rights
FELA embodies a congressional choice to impose liability on railroads for negligence rather than adopting a no-fault compensation scheme. This framework encourages safety investments while providing workers a meaningful remedy. Critics and supporters debate its efficiency compared to workers’ compensation, but it remains the governing law, interpreted by federal courts with attention to its humanitarian purposes.
In practice, successful claims often hinge on demonstrating that the railroad knew or should have known of unsafe conditions yet failed to correct them. Attorney Harrison Kaplan’s role involves marshaling facts to meet this threshold.
Practical Guidance for Those Seeking Legal Information
Readers researching their options should:
- Document all injuries and communications with employers promptly.
- Seek medical attention and follow treatment recommendations.
- Consult licensed counsel experienced in the relevant field.
- Avoid signing broad releases without full understanding of rights.
Resources such as the Academy of Rail Labor Attorneys or state bar referral services can assist in finding qualified attorneys. Government websites, including those of the U.S. Department of Labor or court self-help centers, offer procedural information.
Conclusion: The Value of Dedicated Legal Representation
Attorney Harrison Kaplan operates within a specialized niche of personal injury law that demands both technical legal knowledge and practical litigation skills. His background, training, and affiliation with Kaplan Law Corporation position him to assist injured railroad workers in pursuing claims under FELA and related laws.
This article is for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances differ. Consultation with a qualified attorney is essential for advice tailored to specific situations. For more on Attorney Harrison Kaplan, refer to official State Bar of California records or the firm’s website.
The legal system provides mechanisms for accountability and compensation, but navigating it effectively requires informed, experienced guidance. Attorney Harrison Kaplan’s practice exemplifies the role of dedicated advocates in upholding worker protections established by longstanding federal statutes.
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