How To Find Railroad Worker Injury / FELA Attorneys & Lawyers
The Federal Employers Liability Act (FELA) was passed by Congress in 1908 to protect railroad workers who have been injured on the job and to provide compensation for their injuries. During this time the railroads were expanding in the United States. This expansion was accompanied by an increase in the dangers posed to railroad workers. At that time during the late 1800s and early 1900s, there were a high number of railroad deaths so Congress passed FELA in response to this.
Railroad workers who are not covered by state workers’ compensation laws are able to sue railroad companies for injury claims under FELA. There are differences between FELA and regular workers’ compensation laws:
- FELA was not intended to award claims automatically. Unlike workers’ compensation provisions in state laws, the injured worker is required to prove negligence on the part of the railroad.
- FELA allows monetary payouts for pain and suffering based on comparative negligence rather than according to a pre-set benefits schedule under workers’ compensation.
- If negligence is proven, the injured railroad worker is entitled to full compensation. The compensation is usually many times greater than that which is provided by state workers compensation for non-railroad workers.
Over the years, there have been many lawsuits filed under FELA. Some of the causes of injury to railroad workers are exposure to toxic solvents resulting in brain damage, defective tools and eqipment, loose or excessive ballast, poorly maintained equipment, oil or grease on stairs or ladders causing falls, poorly lit areas, lack of flashlight batteries, slipping on ice, having one man do a job that would require two, etc.
There is a time limit to file a lawsuit under FELA – usually 3 years from the date of injury. But it is best to have an attorney get involved early to preserve evidence.
