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FELA benefits are monetary compensation packages awarded to railroad employees who:

• are injured while working
• sustain their injuries due to the negligence or recklessness of an employer, co-worker or equipment manufacturer
• file their FELA lawsuit within three years of sustaining their injury

In general, FELA:

• awards injured railroad workers higher settlements than states' traditional workers' compensation laws
• compensates families of railroad employees who have been killed on-the-job

What is FELA?

Officially known as the Federal Employers Liability Act, FELA is a complicated law that was originally passed to specifically protect workers from the dangers associated with working in the railroad industry. Typically, FELA comes into play after the following types of railroad accidents:

• collisions
• derailments
• exposure to toxins
• frequent use of heavy machinery
• heavy cargo loads
• highway-rail accidents (which occur when railroads interact with highway traffic at train crossings)
• human error
• the time needed to stop speeding, heavy trains
• track and equipment defects

Some of the injuries for which FELA provides compensation include (but aren't limited to):

• back, head and neck injuries
• broken bones
• burns
• crushed bones
• disfigurement
• dismemberment
• electrocutions
• joint injuries (particularly to the knees and shoulders)
• permanent disabilities
• traumatic brain injury.

From January to March of 2009, there were nearly 2,500 railroad accidents that caused about 1,600 injuries and 150 deaths.

Major U.S. Railroad Companies

Employees of the following companies are protected by FELA and may be entitled to a settlement following significant injury:

• Amtrak
• BNSF Railway
• Canadian National Railway
• Canadian Pacific Railway
• CSX Transportation
• Kansas City Southern Railway
• Norfolk Southern Railway
• Union Pacific Railroad

FELA Litigation

In order to seek benefits, injured railroad workers need to:

• Consult with an experienced FELA attorney to find out if they have a viable legal claim
• Prove in court, arbitration and/or mediation proceedings that their injuries were caused by another individual's negligence (even if they were partially responsible)

To encourage injured parties to stand up for their legal rights and initial FELA litigation, experienced attorneys work on contingency – so no payment for legal services will be due unless the case is settled.

Ultimately, those who pursue FELA litigation can win compensation for their:

• outstanding hospital bills
• ongoing costs of treatments (including long-term rehabilitation)
• lost wages and incapacity to work
• permanent disabilities
• pain and suffering

To date, the highest FELA settlement awarded in the U.S. was $8.6 million to a railroad worker in Wyoming who lost both of his legs in a traumatic crushing incident.

For more information about FELA benefits, please contact us.

"Norfolk Says FELA Claim was Filed Incorrectly"

Norfolk Railway Company asked a judge to dismiss a Federal Employer’s Liability Act (FELA) claim brought against them, Nov. 6. Norfolk alleges the FELA claim is defective.

<...

» Read More

 

"FELA Suit for Man Who Lost Leg"

A Federal Employer’s Liability Act (FELA) trial should be underway this month as Madison County Circuit Judge Daniel Stack begins to select a panel of 12 jurors. Charles Moore filed the ...

» Read More

 

"Another Norfolk Southern FELA Lawsuit"

A lawsuit was recently filed by a former signal maintainer for Norfolk Southern Railway against his employer.

The suit claims the company failed to provide th...

» Read More

 

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