FELA Claims & Railroad Injury Lawsuits

Under FELA, You Can Recover When the Railroad is Negligent

Prior to the enactment of FELA an injured railroad worker could be denied compensation if he was even slightly to blame for his accident. Since 1908, the Federal Employers’ Liability Act (FELA) has made it possible for railroad workers such as flagmen, brakemen, switchmen, engineers, maintenance of way workers, conductors, signalmen, yardmasters, and other laborers, and their families to be compensated for railroad-related injuries that are caused by any negligence (no matter how slight) on the part of the railroad.

Workers who are injured as a result of negligence by the railroad, its officers, employees or subcontractors, workers who are injured by the railroad’s failure to provide a safe work place, tools, equipment or appliances, and workers who are injured by the railroad’s violation of various safety act requirements are entitled to compensation under FELA.

The Railroad May Be Strictly Liable

When an accident and injuries are caused by defective appliances such as couplers, power brakes, grab irons and draw bars, the railroad may be liable under The Safety Appliance Act for the injured worker’s damages without the worker being required to prove that the railroad was negligent. Similarly, if locomotives and tenders that are not in proper and safe condition are the cause of injury to a railroad worker, the railroad may be in violation of The Boiler Inspection Act and thus liable for the worker’s damages without the need to prove negligence.

Timely Filing of a FELA Claim

Federal and state laws protect you so that hiring an attorney will never place your job at risk. FELA lawsuits can be filed in state or federal courts. Your attorney can determine which court is best for your particular case. Regardless of where it is filed or even the severity of the injury, your claim should be brought as quickly as possible. While you have three (3) years (FELA Statute of Limitations) from date of injury to file a lawsuit, delay in doing so can create serious impediments to proving your case and obtaining maximum compensation. Passage of time can wreak havoc on the recollections of witnesses, and evidence can be weakened or lost.

Negligence of the railroad, the nature and extent of your injuries and damages, and your own credibility and safety reputation will play a role in determining how much your claim is ultimately worth and the compensation to which you are entitled.

Compensable Damages under FELA

Under FELA, injured railroad employees can seek fair and full compensation for wage loss, medical expenses, pain and suffering, and disability. In a wrongful death lawsuit under FELA. the railroad worker’s survivors or surviving family may be able to recover for damages suffered as a result of their loved one’s death, including loss of monetary contributions and loss of support, counsel, comfort and aid.

Talk to a Railroad Injury Attorney About a Railroad Injury Lawsuit or Claim

If you or a loved one were injured in a railroad-related accident, you should contact a railroad injury attorney who is knowledgeable in FELA claims. Most injured railroad workers and their families need legal assistance to protect their legal rights. The Willis Law Firm, with principle offices in downtown Houston, Texas, is familiar with the Federal Employers’ Liability Act (FELA) and is privileged and proud to represent injured railroad workers. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. He is licensed in Texas and in New York. For a Free FELA Case Evaluation or FELA Injury Evaluation Online or Call Toll Free 1-800-883-9858 Nationwide FELA Assistance is Available.