How Does FELA Protect Railroad Workers?

If you’re a railroad worker who has sustained an on-the-job injury, our team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.

What Is FELA and How Does It Differ From Workers’ Compensation?

FELA, enacted in 1908, is a federal law that provides railroad workers the right to sue their employers for injuries sustained while on the job. Unlike traditional workers’ compensation programs that provide limited benefits regardless of fault, FELA allows railroad workers to seek compensation based on their employer’s negligence. This means that, in FELA claims, the injured worker must prove that the railroad employer’s failure to maintain safety standards, provide proper equipment, or follow safety regulations led to the injury.

In contrast, workers’ compensation programs in other industries typically do not require workers to prove negligence. Instead, injured workers receive benefits based on the injury itself, regardless of fault. However, FELA provides the opportunity for railroad workers to obtain higher compensation by holding the employer accountable for negligence. FELA also covers a broader scope of damages, including pain and suffering, lost wages, and future medical expenses.

What Types of Injuries Does FELA Cover for Railroad Workers?

FELA provides coverage for a wide range of injuries sustained by railroad workers, whether they occur while working on trains, in yards, or while performing maintenance tasks. Common injuries covered under FELA include:

• Physical injuries: These include broken bones, spinal cord injuries, head trauma, burns, and other serious physical injuries resulting from accidents, falls, or unsafe working conditions.
• Occupational diseases: Railroad workers may develop long-term health conditions as a result of exposure to hazardous materials or unsafe working environments. For instance, railroad workers who are exposed to asbestos or toxic chemicals may develop respiratory diseases or cancer, which are covered under FELA.
• Mental health injuries: FELA also recognizes the impact of mental health conditions such as post-traumatic stress disorder (PTSD) and depression, especially in cases involving traumatic accidents or long-term exposure to stressful working conditions.

FELA’s broad scope ensures that railroad workers who suffer from both physical and mental injuries have the opportunity to seek compensation for their suffering.

How Does FELA Protect Railroad Workers in Cases of Employer Negligence?

One of the key protections under FELA is the ability for workers to hold their employers accountable for negligence. Railroad companies are required to maintain a safe working environment, which includes proper training, equipment, and adherence to federal safety regulations. If a worker is injured due to their employer’s failure to uphold these responsibilities, the worker may file a lawsuit under FELA.

For example, if an employer fails to maintain safe tracks, provide proper equipment, or ensure proper training for employees, and these failures directly contribute to an accident, the employer can be held liable for damages.

FELA also recognizes that the employer’s negligence does not have to be the sole cause of the injury; it only needs to be a contributing factor. This is different from traditional negligence laws, where the plaintiff must prove that the defendant’s actions were the sole cause of the injury.

FELA also allows for the recovery of pain and suffering damages, which are not typically covered by workers’ compensation programs. This makes FELA a more favorable option for injured railroad workers seeking full compensation for their losses.

What Are the Steps Involved in Filing a FELA Claim?

Filing a FELA claim involves several key steps, which can vary depending on the specifics of the case. The general process for filing a FELA claim includes:

• Report the injury: Railroad workers should immediately report any injury to their employer. Documentation is crucial for building a strong case, and reporting the injury promptly ensures that it is recorded in the workplace safety logs.
• Seek medical attention: It is essential for the worker to seek medical treatment as soon as possible. Medical records will be important evidence in establishing the severity of the injury and its long-term effects.
• Consult an attorney: FELA claims can be complex, and it is advisable to consult with a lawyer who specializes in FELA cases. An attorney can help navigate the legal process, gather necessary evidence, and ensure that the claim is properly filed.
• File the lawsuit: If the case cannot be resolved through settlement, the injured worker may proceed with filing a lawsuit. The legal team will present evidence of employer negligence, including any failure to comply with safety regulations or provide adequate equipment.
• Resolution: A FELA case may be resolved through settlement or a trial. If successful, the worker can receive compensation for medical expenses, lost wages, pain and suffering, and other damages.

How Can Your Railroad Injury Law Firm Help?

Pursuing a FELA claim is crucial for railroad workers who have suffered injuries due to employer negligence. The FELA process can be complex, so seeking legal guidance early on can help you navigate the intricacies of your claim and work towards obtaining the compensation you deserve for your injuries and losses.

Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.