How Can It Help the Injured Railroad Worker?

FELA is the Federal Employers’ Liability Act. FELA was enacted in 1908 in response to the deaths of thousands of railroad workers during the late 1800’s. FELA’s dual purpose is to (1) assure employees of the railroad a safe work place and (2) provide such employees and their families the right to recover compensation if injured or killed in a railroad-related accident. FELA provides uniform rules governing compensation for railroad injuries sustained across this Nation. Railroad workers covered by FELA include flagmen, brakemen, switchmen, engineers, maintenance of way workers, conductors, signalmen, yardmasters, and other laborers. Click Here to Talk to a Railroad Injury Lawyer

The Railroad’s Duties Imposed by FELA

Under FELA, railroads have a duty to provide their employees a safe place to work, and they must also provide safe equipment, tools, and proper working conditions. If a railroad does not meet its duties through failing to take appropriate safety measures, or if a railroad worker is injured through another employee’s carelessness, the railroad is held responsible. The railroad is then liable to the worker for his injuries and for the damages he may suffer as a result of those injuries.

The Railroad Worker’s Burden in Filing a FELA Claim

Injured railroad workers are not automatically provided benefits under FELA. While similar in some respects, FELA is very different from workers compensation in that it is a fault-based system. In order to be compensated under FELA, an injured railroad worker must prove that the railroad was somehow negligent and that such negligence (which can be slight or great in degree) played a role in causing the injury.

Injured Railroad Worker’s Compensation under the FELA Act

Recovery of the following damages is allowed under FELA when the railroad is found to have been contributory negligent:

  • Lost wages, past and future;
  • Medical expenses, past and future; and
  • Pain, suffering and mental distress, past and future.

Should a railroad worker’s death result from a job-related injury, his spouse and children may be entitled to receive compensation, including loss of monetary contribution and support as well as the value of counsel, comfort and aid the deceased worker would have provided to his family had his life not been lost at the hands of the railroad.

Protect Your Rights – Consult a Railroad Injury Lawyer

If you or a loved one were injured in a railroad-related accident, you should contact an attorney who is knowledgeable in FELA claims. Injured railroad workers and their families need legal assistance to protect their 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. Call 1-800-883-9858 for a Free Confidential FELA Case Evaluation or FELA Injury Evaluation Online Nationwide Assistance is Available.

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