Federal Employers Liability Act (FELA)
In 1908, the Federal Employers Liability Act (FELA) was written into U.S. federal law as a way of protecting railroad workers who were getting injured while on the job. The law states that these railroad employees can seek out compensation if they can prove that the railroad was somehow to blame for their injuries, due to some kind of legal negligence.
What Has to Be Proven In Order to Receive Benefits Under FELA?
For injured railway workers to receive financial help, they must show that their injuries were a direct result of someone or something that occurred while on the job. Cases under FELA are fault-based, unlike workers’ comp claims that are “no fault.”
The injured individual must show that damage was caused by:
- Faulty railroad equipment or tools,
- Reckless or negligent behavior by a fellow employee, or
- Railroad agent or contractor negligence.
In these types of cases, the injured must prove that the defendant, whether that be the railroad company, another employee, or a manufacturer, acted in a negligent manner resulting in an unsafe work environment that caused the injury in question.
Understanding Liability Under FELA
Per FELA, there are certain duties owed to railroad workers. A violation of any of these duties could result in liability for an accident.
This includes the duty of the railroad company and its employers to:
- Maintain regulations
- Enforce safety standards
- Properly inspect the work environment for avoidable hazards
- Provide the proper tools, safety equipment, and a safe work place
- Offer the proper training, assistance, and have acceptable supervision
- Keep employees from working unreasonable hours
Types of Injuries Covered Under FELA
This act covers more than just severe physical injuries that may occur as a result of a railroad workplace accident. Compensation can also be provided for emotional distress, asbestos exposure, damage as a result of repetitive stress injuries, and trauma injuries.
Billions of Dollars Awarded to Our Clients
Time and again, Arnold & Itkin has fought relentlessly for our clients. Your best interests are our top priority. We have obtained numerous successful verdicts for individuals throughout the U.S., recovering billions of dollars in compensation. Our attorneys are rated among the top 100 plaintiff trial lawyers in the nation. When you retain us, you can rest easy and know that there is absolutely no cost to you unless we win your case. There is no case too complex for our team to handle and you have nothing to lose by discussing your case with our compassionate team.
Contact our railroad injury lawyers for a free initial case evaluation by calling (888) 493-1629!