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The Federal Employers’ Liability Act (FELA) is a set of federal laws established by Congress that recognizes the various dangers of being an employee of the railroad industry.
FELA works to provide a legal basis for injured railroad employees to recover compensation after injuries and damages suffered on the job due to negligence by a railroad company, other railroad managers and employees, or anyone else besides the hurt employee.
Additionally, because of FELA statutes, railroad employees have been exempted from state worker’s compensation laws, which generally prohibit an employee injured on the job from suing a railroad company or employer. FELA also gives and injured railroad worker the option of filing a FELA lawsuit against their employer in state or federal court.
FELA statutes have reduced the burden of proof for injured parties, meaning that an employee who sustains an injury while on the job must only proove the injury occurred because of the railroad employers’ negligence.
What Compensation Does FELA Cover?
While FELA has pressured the railroad industry as a whole to employ safer labor practices, this does not mean that injuries or even deaths on the job do not occur today.
That is why is important for railroad workers and their loved ones to know what kind of compensation ensured by this federal act.
Damages owed to an injured employee under FELA vary on a case by case basis. However, categories of potential damages that can be recovered with a FELA lawsuit include:
- Past and future wage loss
- Out-of-pocket expenses
- Fringe benefits
- Pain and suffering
- Medical expenses
- Compensation for any lost limb or organ
- Emotional suffering stemming from physical disability, scar, or disfigurement
- Economic loss suffered by employee’s dependents due to employee death
FELA covers many different types of railroad employees who have been injured on the job. For example, one FELA lawsuit won compensation for a railroad clerical worker who sustained a head injury from a piece of glass that fell from the railroad’s office building onto the worker walking on the sidewalk below.
In another example, a signalman slipped on ice while in the railroad company’s parking lot after completing his duties for his shift.
Both examples demonstrate that a railroad employee does not need to be hurt during work or on the job performing their railroad duties to be able to pursue a FELA claim or lawsuit.
FELA Litigation
If you wish to pursue a FELA lawsuit against your employer, you should make certain that:
- Your superior or manager made an injury report following your incident
- Seek assistance from a union representative
- Speak to a FELA lawyer or railroad injury lawyer as soon as possible
- See a doctor as soon as possible following the incurred railroad injury
- File all disability benefits and supplemental benefits applications without delay
- Obtain names, addresses, and phone numbers of coworkers and witnesses of your railroad accident
- Take photographs of locations, machinery, or other tools involved in your FELA accident
- Have someone take photos of any and all visible injuries resulting from the accident
- Keep clear and concise records of your out-of-pocket expenses, lost earnings, pain and/or discomfort resulting from the railroad injury
If you or someone you love has been injured on the job as a railroad worker, on the railroad employer’s site, or due at all to a railroad company’s negligence, you should consider speaking to a personal injury attorney to see if you have standing to file a FELA lawsuit.
Obtain a Free Railroad Injury Case Evaluation
If you or a loved one suffered a railroad injury on the job, you may be eligible to take legal action against the employer and seek compensation for your injuries.
