In order to recover damages under FELA, you must file a civil lawsuit in federal or state court against your railroad employer. Upon proving negligence by your employer, you are entitled to full compensation, including medical expenses, lost wages, pain and suffering, and other damages without the caps normally associated with workers' comp.
An injured railroad worker or their estate must file a lawsuit demonstrating that the employer or railroad was negligent or that working conditions and equipment were unsafe. The legal standard for proving negligence under FELA is relatively low: you must show that employer negligence played any part, even a slight one, in causing your injury or illness. The relaxed causation standard makes establishing liability easier than in typical negligence cases. A jury trial is an option under the FELA that provides injured workers with access to justice based on a review of the evidence presented by their fellow citizens.
FELA allows recovery of both economic and non-economic damages without the caps typically found in workers' compensation programs. Economic damages include:
Non-economic damages address the personal impact of your injuries:
For fatal cases, FELA provides wrongful death damages for dependents, including lost financial support, loss of companionship, and funeral and burial costs.
FELA allows you to recover damages even if you were partially at fault for your injury. When you are partially responsible for the injury, your damage award will be reduced by that percentage. However, if the injury was caused by employer negligence, you will still be entitled to compensation. It differs from some legal systems that do not allow recovery at all if the injured party is at fault.
Maintenance and cure benefits may be owed by railroads prior to or independent of a full negligence verdict. No matter who is at fault or negligent, these benefits are available:
During the time that you are pursuing your full FELA claim, you can take advantage of these benefits.
The estate or personal representative of a worker who dies as a result of an injury or illness covered by the FELA can continue the existing claim or convert it into a wrongful death claim. Children and spouses of deceased individuals may file wrongful death claims under FELA to recover compensatory damages.
We have extensive experience with FELA claims and know what it takes to prove negligence and obtain full compensation. Under FELA, you may be able to recover damages by demonstrating how the employer's negligence resulted in the harm you suffered. Our attorneys at Environmental Litigation Group can give you an assessment of the strength of your case and explain what damages you may be able to receive through a FELA lawsuit.
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