F.E.L.A. Railroad Injuries
The Federal Employer’s Liability Act is a federal law that provides benefits to workers’ who are injured on or around trains engaged in interstate commerce. This is an oversimplification and there are many rules and exceptions that apply to F.E.L.A. coverage. It is designed to offer employers standardized uniform liabilities. An injured worker under F.E.L.A is entitled to receive damages if the road s/he works for is involved in interstate commerce or if the worker’s injury is related to negligence or defect of equipment (i.e. Cars, engine, track, etc…)
Injured workers may be entitled to the following damages:
- Emotional distress
- Medical expenses
- Permanent injury
- Pain & suffering
- Loss of wages
You should consult with a lawyer about F.E.L.A. coverage if you believe that your injury may be covered. Unlike workers’ compensation, workers’ may be entitled to sue for damages if their injuries were caused by the employer’s negligence. Also unlike workers’ compensation, there is no limit on the amount of damages that can be recovered. Some difference between F.E.L.A and workers’ compensation are that the employee assumes the risk of their job and under F.E.L.A. it may not be seen as a valid claim. Another difference is that for partial negligence on the employers’ part is not valid for the reduction of settlements or the dismissal of a case.
Under F.E.L.A the railroad companies have certain duties that they are held accountable for such as:
- Enforce regulation and safety rules
- Keep work environment free of hazards
- Provide training, supervisors, and assistance within job functions
- Inspect equipment and tools for safety
- Not adhere to unreasonable work quotas
- Take care of reasonable climatic conditions (such as the removal of snow)
Because of the potential for a large settlement under the F.E.L.A. workers should consult with a lawyer if their injuries occurred on or around a train or train track. The Ogletree Abbott Law Firm is available to consult with you in this very important matter. Call us today at 1-800-779-4950. Or, if you prefer, email us at Info@Ogletreeabbott.com and we will contact you right away. Call today about your possible F.E.L.A. claim.