At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
In 1908, the Federal Employers' Liability Act (FELA) was enacted, giving railroad workers the right to sue their employers for damages when negligence contributed to a work-related illness or injury. FELA covers both sudden accidents and long-term conditions, allowing injured workers to recover compensation for medical expenses, lost wages, and pain and suffering, as well as other damages.
FELA applies specifically to railroad workers employed by railroads involved in interstate commerce, i.e., those who work for railroads engaged in interstate commerce. Railroad workers who suffer injuries or illnesses during their employment in railroad operations are covered by this federal protection.
FELA differs from traditional workers' compensation by relying on fault-based compensation. Injured workers must prove that their employer's negligence, even to a small degree, played a part in causing their injury or illness. The burden of proof is relatively low: railroad negligence need only have contributed in any part to the harm. Compared to typical negligence cases, this standard makes it easier for injured workers to establish liability while still requiring them to prove employer fault rather than receiving benefits automatically.
Railroad employers owe their workers a duty to maintain safe working conditions, provide safe equipment, and ensure a safe workplace. When employers fail in these obligations through negligence, defective equipment, unsafe practices, or hazardous conditions, and these failures contribute to a worker's injury or disease, the worker gains the right to bring a lawsuit for damages.
FELA covers a wide range of work-related injuries besides accidents. Compensation is available for:
As long as negligence or unsafe working conditions contributed to the harm, these conditions may be compensable under FELA regardless of when symptoms appear or how gradually the condition developed.
Under FELA, both economic and non-economic damages are covered, providing a more comprehensive compensation program than workers' compensation. These are some of the economic damages:
Non-economic damages address the personal impact of an injury:
FELA claims can be brought in either federal or state courts. Injured workers have access to jury trials, which provide the opportunity to present their case to fellow citizens who determine both liability and damages. This court process differs significantly from the administrative procedures that govern workers' compensation claims and gives injured railroad workers broader rights to seek full compensation for their harm.
Our attorneys have extensive experience with FELA claims and understand how this federal law protects railroad workers from employer negligence. If you are a railroad worker who has been injured on the job or developed an occupational illness, ELG Law can evaluate your case to determine eligibility when you provide your medical records, employment records, and other supporting documentation. Contact Environmental Litigation Group, P.C. to request an evaluation of your FELA case and let our attorneys guide you through the filing process and obtain the full compensation available.