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Congress passed the Federal Employers Liability Act (FELA) in 1908 in order to protect the rights and safety of railroad workers. The enactment of the Federal Employers Liability Act occurred in the United States long before the time of other worker's compensation laws. This law favorably positions and protects railroad workers (and their families) from the negligent acts of railroad companies which result in injury to the worker. Under the Federal Employers Liability Act, railroad workers can seek considerable compensation for injuries suffered as a result of negligent actions or inactions on behalf of the railroad company. The Federal Employers Liability Act requires that the injured employee prove negligence on behalf of their employer. Once liability is proven, injured employees are entitled to compensation for a full range of related damages.

Employer Negligence Can Lead to Injury

If employer negligence is the cause of injury to an employee of any federal railroad company, that individual and his/her family is entitled to awards for the following damages: any lost past, present, or future wages, past and future medical expenses and treatments, pain and suffering, and for any partial or permanent disabilities. Under the Federal Employers Liability Act, injured railroad employees are entitled to have a trial by jury in any city, large or small, in which the railroad conducts any type of business. They have the right to a trial either in the Federal or State court system. This is important because in larger cities a larger settlement might be more likely than if the trial was held in a rural community. Minority railroad workers may also have more of a chance at a fair trial in larger cities.

The Federal Employers Liability Act is different from other worker's compensation laws in a few important ways. First, in non-railroad job-related injury cases it is assumed that the employee "assumes the risks" involved in their occupation, though under the Federal Employers Liability Act, this is not necessarily a legitimate claim. Second, partial negligence on the part of the employee is not necessarily grounds for case dismissal or a reduction in awards for damages. Often the employee's injury is a result of several acts of negligence on behalf of the railroad company. An attorney specializing in the Federal Employers Liability Act law can help sort through the details of your case and discover mistakes made by the railroad company. This can greatly increase the chance of success in a Federal Employers Liability Act claim.

Seek The Help of a FELA Law Legal Professional

Seeking the professional legal advice of an attorney who specializes in Federal Employers Liability Act lawsuits is essential to a successful case. Only 25% of railroad employees injured on the job actually file claims for the compensation they are entitled to. It is also important to seek professional advice because the railroad companies have specially trained lawyers and adjusters whose job it is to prevent the railroad companies from being proved liable for their negligence. Contact a qualified FELA lawyer with the ability to successfully pursue and protect your legal rights under the Federal Employers Liability Act is the best way to pursue compensation for railroad work-related injuries.

"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.

<...

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"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 ...

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"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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