FAQ: If my injury is partially my fault, can I still pursue a FELA case? Answer: Yes, the FELA is what is known as a “purely comparative negligence” statute. This means if a jury finds the railroad and employee both negligent in causing the employee’s injuries, it assigns the percentage the railroad and employees are…
FAQ: Does the FELA cover diseases due to working for the railroad as well as injuries? Answer: Yes, occupational diseases (cancers related to toxic exposures, asbestosis, mesothelioma, etc.) are recognized as injuries under the FELA and damages associated with those diseases are compensable under the FELA. Occupational diseases often appear long after exposure, so whether…
FAQ: What is the FELA and what kind of cases does it cover? Answer: The FELA is a statute enacted by Congress shortly after the turn of the 20th century. The statute is intended to protect railroad employees injured on the job, so the covers cases arising from injuries suffered by railroad employees in the…
In a FELA, or Federal Employers’ Liability Act, case, Virginia railroad injury victims should attempt to recover the following:
Past and future medical expenses, including hospitalization expenses.
Past and future lost wages.
Past and future pain and mental suffering compensation.
Past and future disability and loss of earning capacity.
Permanent injury, deformity or disfigurement compensation.
Keep in mind that recovery under FELA is granted instead of recovery under state workers’ compensation laws, and recovery is not permitted for both FELA and workers’ compensation. FELA allows financial recovery for pain and suffering, with the amount being decided by a jury based on comparative negligence, rather than according to a predetermined benefits schedule, such as that used in ordinary workers’ compensation cases.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.
All types of railroad workers are covered by the provisions of FELA, the Federal Employers’ Liability Act, including
Brakemen
Clerks
Conductors
Electricians
Engineers
Firemen
Machine operators
Maintenance of way workers
Maintenance workers
Mechanics
Signalmen
Switchmen
Welders
Yardmasters
Other railroad workers
If you or a loved one fall under one of these categories and has suffered a serious injury while on the job, don’t hesitate to contact a Virginia (VA) FELA lawyer for a free, no-hassle consultation.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.