By Bemi Brooks 
Attorney Harrison Kaplan practices law in Los Angeles, California, where he focuses on representing individuals who sustain injuries while working in the railroad and maritime industries. His work centers on claims arising under the Federal Employers Liability Act (FELA) and the Jones Act. These federal statutes create specific pathways for recovery that differ in important ways from standard state workers compensation systems.
Readers searching for information about attorney Harrison Kaplan often want to understand his professional background and the legal principles that shape his practice area. This article provides a clear, factual examination of those topics, drawing on publicly available professional records, statutory text, and established court interpretations. It explains how these laws operate in real world situations without offering legal advice for any specific case.
Professional Background and Education
Attorney Harrison Kaplan earned his undergraduate degree from the University of California, Riverside, where he majored in sociology. He later completed his legal education through the SCALE accelerated two year program at Southwestern Law School. This intensive program allows qualified students to obtain a Juris Doctor in a condensed timeframe while maintaining rigorous academic standards.
Before attending law school, he gained practical exposure to public policy through internships with California State Senator Ben Allen and Assembly member Miguel Santiago. During law school, he externed with the Constitutional Rights Foundation, an organization that supports civic education and mock trial programs. These experiences provided early insight into legislative processes and the protection of individual rights.
He is licensed to practice law in California and maintains an active status with the State Bar of California under license number 334707. His professional profile lists practice areas that include admiralty and maritime law, labor and employment matters, personal injury, and workers compensation. He holds membership in the Academy of Rail Labor Attorneys (ARLA), a professional organization focused on the specialized field of representing railroad workers in federal claims.
Family Legacy and Firm Affiliation at Kaplan Law Corporation
Attorney Harrison Kaplan works at Kaplan Law Corporation, a plaintiff oriented firm in Los Angeles. The firm traces its roots to a long standing family commitment to advocating for injured working people. His father, Jay A. Kaplan, founded the current entity in 1991 after earlier practice experience that included time with a firm handling FELA matters since the 1950s. Jay Kaplan earned academic distinction at UCLA and built a career recognized with an AV Preeminent peer review rating from Martindale Hubbell.
Grandfather Victor Kaplan also influenced the family tradition of representing individuals harmed in the course of their employment. This multi generational emphasis on zealous advocacy for workers in physically demanding industries informs the firm philosophy that Harrison Kaplan continues. The firm concentrates on cases involving injured railroad workers, unionized employees in transportation roles, and related personal injury matters governed by federal statutes.
Understanding FELA: Core Legal Framework for Railroad Worker Injuries
Congress enacted the Federal Employers Liability Act in 1908 to address high rates of injury and death among railroad employees during a period of rapid industrial expansion. Before FELA, injured workers often faced significant barriers under common law doctrines such as assumption of risk, the fellow servant rule, and contributory negligence that could completely bar recovery. The statute shifted the balance by imposing liability on railroads engaged in interstate commerce when negligence by the carrier, its agents, or defects in equipment contributed to an employee injury or death.
The key liability provision appears in 45 U.S.C. § 51. It states that a qualifying railroad shall be liable in damages to an employee injured while employed in interstate or foreign commerce, or to the employee personal representative in cases of death, when the injury or death results in whole or in part from the negligence of officers, agents, or employees of the carrier, or from any defect or insufficiency due to negligence in cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
A broad definition of covered employment applies. Any employee whose duties further interstate or foreign commerce, or directly and substantially affect such commerce, qualifies for protection under the Act. This coverage extends to many roles in modern rail operations, including engineers, conductors, track laborers, signal maintainers, and mechanical department workers.
The Supreme Court clarified the causation standard in Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957). The Court held that the test for a jury case under FELA is simply whether the evidence justifies with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death. This standard differs from the stricter proximate cause requirement in many common law negligence actions. It allows recovery even when other factors also contributed to the harm.
Additional statutory protections reinforce worker remedies. Under 45 U.S.C. § 53, contributory negligence by the employee does not bar recovery entirely but reduces damages in proportion to the employee share of fault. Section 54 eliminates the assumption of risk defense in cases involving employer negligence or violation of safety statutes. Section 55 prohibits employers from using contracts or other devices to exempt themselves from liability under the Act. Section 56 establishes a three year statute of limitations from the date the cause of action accrued.
In practice, these provisions mean that a railroad worker who suffers a back injury while repairing track, for example, may pursue a claim if evidence shows that inadequate maintenance, insufficient training, or defective tools played any role in the incident. The attorney role often involves gathering maintenance records, prior inspection reports, witness statements, and expert analysis of railroad safety standards to establish the connection between employer conduct and the injury.
The Jones Act and Maritime Worker Protections
Attorney Harrison Kaplan practice also encompasses claims under the Jones Act, which provides remedies for seamen injured in the course of their employment. The Jones Act, part of the Merchant Marine Act of 1920 and codified with amendments at 46 U.S.C. § 30104, incorporates by reference the liability provisions of FELA. This creates a negligence based cause of action for qualifying maritime workers that parallels the railroad framework.
To qualify as a seaman under the Jones Act, an individual generally must have a substantial connection to a vessel in navigation, both in terms of duration and nature of work, and must contribute to the vessel function or mission. The Supreme Court outlined these criteria in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). Workers who meet this test may pursue claims for injuries caused by employer negligence, with access to jury trials and a broader range of damages than typically available under the Longshore and Harbor Workers Compensation Act (LHWCA), which covers many land based maritime workers.
Common scenarios in Jones Act cases include injuries sustained aboard vessels during cargo operations, maintenance activities, or navigation duties. The same principles of slight negligence causation and proportional reduction for contributory fault apply. Attorneys handling these matters often coordinate medical evidence, vessel logs, and safety compliance records to support claims.
Real World Effects on Workers and Families
Individuals employed in railroad and maritime industries frequently perform physically demanding tasks in environments that involve heavy machinery, irregular schedules, and exposure to weather or hazardous materials. When an injury occurs, the financial and personal consequences can extend beyond immediate medical needs. Lost wages from high paying union positions, ongoing rehabilitation costs, permanent restrictions on future employment, and effects on family stability represent common challenges.
FELA and Jones Act claims allow recovery for economic losses such as past and future earnings and medical expenses. They also permit compensation for non economic harms, including pain and suffering, which are generally unavailable or severely limited in no fault workers compensation systems. This structure creates both opportunity and complexity. Workers gain potential access to fuller compensation when employer negligence contributed to harm, yet they must navigate an adversarial process against well resourced corporate defendants.
The claims process typically begins with prompt medical attention and internal reporting to the employer. Because FELA actions carry a strict three year limitations period, early consultation with counsel experienced in these federal statutes helps preserve evidence and meet procedural requirements. Discovery in such cases often includes extensive document production regarding safety protocols, equipment maintenance histories, and prior incidents. Many matters resolve through settlement negotiations, while others proceed to trial where a jury evaluates the evidence under the FELA causation standard.
Distinctions from State Workers Compensation Systems
California, like most states, operates a no fault workers compensation system that provides medical treatment and limited wage replacement benefits without requiring proof of employer fault. However, for employees covered by FELA or the Jones Act, these federal remedies generally take precedence and offer different advantages and trade offs.
Under FELA, the worker must demonstrate that employer negligence played some role in the injury, but the threshold remains low per the Rogers standard. In exchange, successful claimants may obtain jury determined damages that include pain and suffering and are not subject to the same caps or schedules that apply in many state workers compensation regimes. The process tends to be more litigious and time consuming than a typical workers compensation claim.
Some workers face election of remedies questions when both federal and state frameworks potentially apply. Experienced counsel can advise on the strategic implications of pursuing one avenue over another based on the specific facts, available evidence, and long term needs of the injured individual. General personal injury attorneys unfamiliar with the federal statutes and railroad or maritime operations may overlook critical nuances in liability standards, damage calculations, or procedural rules.
The Value of Specialized Representation
Specialization in FELA and Jones Act matters provides several practical benefits. Attorneys who regularly handle these cases develop familiarity with industry specific evidence, such as Federal Railroad Administration (FRA) reporting requirements, positive train control systems, and collective bargaining agreements that may interact with injury claims. They often maintain relationships with medical and economic experts accustomed to evaluating occupational injuries common in transportation sectors.
Membership in organizations such as the Academy of Rail Labor Attorneys facilitates knowledge sharing among practitioners focused on this niche. For clients, this depth of experience can translate into more effective investigation, stronger negotiation positions with claims departments of large carriers, and clearer guidance through each stage of the legal process.
Attorney Harrison Kaplan background, which combines recent legal training, policy internships, and immersion in a firm with decades of focus on these exact claims, positions him to continue that specialized tradition. His stated motivation centers on carrying forward the family emphasis on service to injured working people through diligent advocacy.
Important Disclaimers and Scope of This Overview
This article is for informational purposes only and does not constitute legal advice. Laws and interpretations can change, and outcomes in individual cases depend on specific facts and applicable law. Anyone facing a potential claim should consult a qualified attorney licensed in the relevant jurisdiction for advice tailored to their situation. Information presented here reflects publicly available professional profiles and statutory and case law sources as of the date of preparation.
Several attorneys share the name Harrison Kaplan and practice in different locations and practice areas, including defense side work in product liability and mass tort matters. This overview addresses Harrison Jay Kaplan of Kaplan Law Corporation in Los Angeles, whose practice emphasizes plaintiff representation in FELA, Jones Act, and related personal injury matters.
Frequently Asked Questions
Who is Attorney Harrison Kaplan?
Attorney Harrison Kaplan is a California licensed lawyer based in Los Angeles at Kaplan Law Corporation. He focuses his practice on representing injured railroad workers under the Federal Employers Liability Act (FELA) and maritime workers under the Jones Act. He graduated from the University of California, Riverside and completed his law degree through Southwestern Law School SCALE program. He maintains membership in the Academy of Rail Labor Attorneys.
What is FELA and how does it differ from regular workers compensation?
FELA is a federal statute enacted in 1908 that allows railroad employees injured in interstate commerce to sue their employer for damages when negligence by the railroad or its agents contributed in whole or in part to the injury. Unlike no fault state workers compensation systems, FELA requires proof of some negligence but uses a lower causation threshold established by the Supreme Court. It also permits recovery of pain and suffering damages and provides for jury trials, though the process is more adversarial.
How long does a person have to file a FELA claim?
FELA claims are subject to a three year statute of limitations under 45 U.S.C. § 56. The period generally begins to run from the date of injury or from the date the injured worker knew or reasonably should have known of both the injury and its connection to employer negligence. Prompt consultation with counsel helps ensure compliance with this deadline and preservation of evidence.
What types of damages are available in successful FELA or Jones Act cases?
Recoverable damages typically include economic losses such as past and future medical expenses and lost earnings or earning capacity. Non economic damages for physical pain, emotional suffering, and loss of enjoyment of life are also available. In wrongful death cases, qualifying family members may recover for their losses. The exact amount depends on the evidence presented regarding the nature and extent of harm.
Does union membership affect the ability to hire an attorney for a FELA claim?
Union membership does not prevent an injured worker from retaining private counsel for a FELA or Jones Act claim. Many railroad workers belong to unions that provide representation in other contexts and may offer resources or referrals. However, the choice of attorney for the federal tort claim remains with the individual. Specialized attorneys often coordinate with union representatives when collective bargaining issues intersect with the injury claim.
What should someone do immediately after a work related injury in the railroad or maritime industry?
Seek appropriate medical attention first. Report the incident according to employer protocols while also documenting details independently when possible. Avoid giving recorded statements to claims representatives without legal guidance. Contact an attorney experienced in FELA or Jones Act matters promptly to understand rights, timelines, and next steps. Early involvement of counsel helps protect evidence and navigate interactions with the employer or insurer.
Why does specialization in FELA and Jones Act matters matter?
These federal statutes involve unique liability standards, procedural rules, and industry specific evidence that differ from general personal injury or state workers compensation practice. Attorneys who focus in this area understand railroad and maritime operations, common defenses raised by large carriers, and the expert testimony often required to establish causation and damages. This experience can improve the thoroughness of case preparation and the effectiveness of advocacy on behalf of injured workers.
This overview demonstrates how Attorney Harrison Kaplan professional path aligns with a well defined area of federal law that continues to protect workers in essential transportation industries. Individuals seeking further clarity on these topics should review primary sources such as the U.S. Code provisions governing FELA and consult directly with licensed counsel for guidance specific to their circumstances.
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