Federal Employers Liability Act
Railroad workers aren't protected by state workers' compensation laws however, they are protected by federal laws called the Federal Employers Liability Act (FELA). FELA allows injured railroad workers to sue their employers for damages.
In order to be successful in a lawsuit brought under the FELA you must prove that your injury was caused either through negligence or an infraction of the federal safety law, like the Power Brake Law, or Safety Appliance Act.
Compensation for FELA
The Federal Employers' Liability Act provides compensation for those who are injured at work. It is a fault-based law that permits damages far beyond what's available under the standard laws for workers compensation. However, there are specific rules and procedures involved in FELA claims, making them more complicated than other kinds of personal injury cases. FELA claims are filed in federal courts, so attorneys must be aware of both state tort law and
federal employers’ laws when representing their clients.
Unlike workers' compensation laws which offer benefits regardless of whether the railroad was the cause of the incident, FELA requires the injured worker to prove that their employer was negligent in causing their injury. The FELA was enacted to stop railroad employers from trying to avoid liability for injuries or deaths caused by their negligence. In the event of an injury caused by a railroad defect, the FELA provides monetary compensation in addition to the benefits that are provided under the state's workers law.
After an accident, railroad workers injured should seek immediate medical care. In addition to being crucial for their physical health, this step will help in establishing a strong case against the railroad if they are subsequently hurt again. They must also notify their employer as soon as possible.
Railroad workers who are injured are entitled to file a FELA complaint without the fear of reprisal. It is illegal for railway companies fire or discipline employees that file a FELA claims. It is also illegal to discriminate employees based on their participation in legal proceedings relating to workplace accidents.
FELA cases can cover a wide range of injuries, ranging from catastrophic train accidents to repetitive stress injuries. Workers who are not seriously injured but are suffering from cumulative trauma could be affected. Contrary to workers' compensation, FELA claims give injured railroad workers the opportunity to receive financial compensation for their pain and suffering as well as for lost wages. Fortunately, FELA lawyers are able to assist their clients in obtaining compensation.
FELA Benefits
All employers are responsible for keeping their workers protected while they are performing their duties. Certain industries and occupations pose greater dangers to employees, however, and companies in high-risk industries are held to higher standards of safety. They have to compensate employees who are injured while working more than businesses with lower risk. In order to ensure that employees get the right compensation in the event of an workplace injury Some federal agencies have passed laws that allow workers to sue their employer for damages in the event of an accident.
One of these laws is the Federal Employers Liability (FELA). It was passed in 1908 in response to the alarming amount of railroad-related deaths which occurred in the late 19th century and the early 20th century. FELA allows railroad employees to sue their employers in the event of an accident, and gives workers the right to recover cash compensation that is greater than the ones offered by traditional workers' compensation claims.
Contrary to workers' compensation where employees only need to prove that they suffered an injury in the workplace, FELA requires employees to prove that their injuries were directly connected to their job activities. This is particularly important since some injuries may not be apparent immediately, such as an injury that is recurring, such as carpal tunnel syndrome.
In addition to allowing injured workers to recover damages, FELA also provides protection against workplace retaliation. FELA prevents employers from retaliating towards employees who file a complaint. It is crucial for employees to know their rights and seek advice from an experienced FELA attorney to safeguard their best interests.
If you are filing the FELA claim injured workers must first seek medical treatment. Then, they should contact an attorney and schedule a consultation to discuss their case. An attorney can help injured workers determine what damages they are entitled to and how they can get them.
FELA benefits include compensation for lost wages, future losses of earnings, pain, suffering, disfigurement and disability and emotional distress. The compensation offered by FELA is far higher than medical expenses and lost earnings. This is the reason it's vital that injured workers work with a FELA attorney who has experience.
FELA Statute
FELA is a set of
Federal Employers’ liability laws that define the rights of railroad workers to seek compensation from their employers if they are injured at work. Unlike workers compensation, which provide benefits regardless of the fault of the employee, FELA claims are based on a negligence theory and sets a higher standard for liability on the part of employers. This particular and complicated set of rules creates FELA claims more challenging than other types of injury claims involving employment. It requires the expertise of a lawyer who knows the statute.
The extent to which an employee is covered under FELA is contingent upon the nature of their duties and if the duties required the use of interstate commerce. The law covers everyone who works on railways that transport passengers or freight across state lines. This includes brakemen and conductors. Additionally a railroad which operates within the confines of one city but gives trackage rights to other companies who are involved in interstate commerce could be covered by FELA.
A railroad company could be held accountable for a worker's injuries under FELA if the injury was caused by the employer’s breach of workplace laws, like the Locomotive Inspection Act (Locomotive Inspection Act), Railroad Safety Appliance Act (Railroad Safety Appliance Act) or Boiler Inspection Act. It is important to note that, for a worker's claim to succeed in a FELA claim they must prove more than just that the railroad's conduct violated one of these statutes. They must also demonstrate that such violations caused or contributed to their injury.
If an injured worker prevails in an FELA case, they could be awarded compensation for a range of injuries and related expenses. These damages can include medical expenses as well as lost wages, emotional distress. They can also receive damages for a loss of future earning capacity as well as the aggravation caused by pre-existing ailments.
As a high-risk industry, the railroad industry is held to stricter safety guidelines than many other industries. Injured railroad workers need legal assistance from a seasoned FELA lawyer who can assist to recover the maximum amount of compensation for their losses.
Attorneys FELA
Railroad switches and signals are essential safety devices that prevent disastrous, often fatal collisions between trains and other vehicles. If you were injured due to a malfunctioning signal or switch, or any other negligence of your employer, you could be entitled to compensation. This is covered under the Federal Employers Liability Act (
fela railroad). A FELA lawyer is familiar with this specialized area of law and can assist you to fight for the financial support you deserve.
A FELA lawyer will carefully review your case in order to find possible negligence that may have caused the injury.