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FELA settlements are monetary awards granted to railroad workers who are injured at work as the result of an employer's, co-worker's or equipment manufacturer's negligence.
FELA, properly known as the Federal Employers Liability Act, was enacted in 1908 to protect the rights of railroad employees as a result of the increased dangers they face on the job. From exposure to toxins to crushing incidents to derailments, railroad workers have a greater risk of being seriously injured or killed while working than employees in many other industries.
Should railroad employees sustain an injury at work, it's essential that they:
Section 56 of FELA's guidelines sets the statute of limitations for FELA cases to be three years after the injurious event. Following three years, the case is no longer viable, and injured parties will NOT be able to seek compensation for their losses.
In many cases, this period of time is easy to decipher, as the date of a specific accident – such as a fall, collision or derailment – will be the starting point for the three-year statute of limitations.
However, should an injury result from repetitive motion or exposure to toxins, pinpointing the starting date of FELA statute of limitations can be more complicated. In these cases, the statute of limitations typically begins as soon as an individual is diagnosed with an injury.
While there is no explicit, straightforward formula used to generate FELA settlements, there are a variety of factors considered when deriving fair settlement awards for FELA cases. Some of these factors include:
The more severe an injury is, the more likely it is that injured railroad workers will:
The following recent FELA judgments provide a clearer picture of how FELA settlements vary across different industries and jurisdictions:
For more information or to speak with an experienced FELA attorney to discuss your own circumstances please contact us today.
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.
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 ...
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...
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