Since the early 1800s, the railroad industry has been a critical part of our country’s development and growth, making coast-to-coast transportation of people, goods, and supplies possible. While railroads are vital to both travel and commerce, their substantial size and speed pose considerable risks to employees. Additionally, railway employees are frequently exposed to hazardous working conditions, including toxic chemicals and high-voltage electricity. As a result, the Federal Employers Liability Act was created In the early 1900s to offer additional benefits and compensation for railroad workers, one of the nation’s most hazardous occupations.
If you were injured while working for a railroad, the experienced Norfolk FELA attorneys at Shapiro, Washburn & Sharp are here to help. With over 100 years of experience, we advocate for injured rail workers in federal and state court, we are committed to helping our clients recover the financial compensation they deserve. Call us today to schedule a free consultation.
What Do I Need To Know About the Federal Employers Liability Act?
The FELA was created to compensate and protect railway employees who were injured in the performance of their duties. Unlike workers’ comp, which supplies no-fault coverage in other fields of employment, FELA follows a fault-based tort system, meaning injured workers must settle with, or sue their employers for negligence directly.
Prior to the establishment of the Federal Employers Liability Act, injured rail workers had almost no effective course of action against employer negligence, and railroads seldom, if ever, fairly compensated their workers for on-the-job injuries, no matter how severe or grotesque.
In fact, the exceedingly large number of deaths and injuries among industry workers during the 100 years since its inception was a major catalyst in the enactment of FELA. Since 1908, in an effort to protect tens of thousands of railway employees nationwide, the FELA has been holding employers accountable and urging them to develop safer working conditions. Along with supplying legal grounds for injured railroad workers to claim damages, FELA also set forth a consistent standard of liability concerning adequate workplace conditions for railroad companies and employers.
Who Does FELA Cover?
The Federal Employers’ Liability Act covers almost all railway workers, such as:
- Conductors
- Train engineers
- Signalmen
- Maintenance crews
- Yard workers
- Bridge and building workers
- Pipefitters
- Carpenters
- Welders
- Yardmasters
FELA generally covers any employee involved in the railway’s operation and maintenance. Our knowledgeable Norfolk FELA attorneys are ready to help, no matter what job you were performing when your injury occurred.
Are Railway Workers Considered Federal Employees?
Although the name is somewhat misleading, railroad employees work in the private sector and are not federal employees. However, they have been given specialized protections under the Federal Employers Liability Act. Rail workers need to understand that the options for legal recourse given to federal employees are vastly different from those provided by FELA.
What Damages Can Be Compensated in a FELA Case?
Jobs in the railway industry pose specific dangers that are not widely present in other employment sectors, such as:
- Risk of mechanical failure, which can lead to sudden and dangerous malfunctions
- Injuries caused by heavy equipment, including crush injuries and repetitive stress injuries
- Exposure to hazardous substances, such as toxic chemicals or fumes that can damage long-term health and wellness
The hazardous daily working environment means workers are much more likely to sustain serious injuries that heavily impact their overall quality of life as well as their ability to keep working. Recognizing the inherent dangers of railroad work, FELA outlines specific types of financial compensation that injured workers may be entitled to recover, including:
Medical Bills
Most railroad worker injuries are considered severe. Due to this, a common concern of railroad employees and those who depend on them is the expense of their medical care. According to FELA, injured workers are entitled to recover their medical expenses, including hospitalization, surgeries, prescription drugs, and continuing or anticipated medical treatment.
Future Earnings and Lost Wages
Railroad injuries are commonly accompanied by considerable economic impact. Beyond their immediate medical bills, most employees have no choice but to miss work and the income it would have generated while they recover while others sustain injuries so serious they will never be able to return to work. FELA allows railroad workers to pursue financial compensation for any lost income and future earnings, the absence of which could be financially catastrophic to workers and their families.
Pain and Suffering
Although pain and suffering are intangible and difficult to quantify. FELA acknowledges their impact. FELA allows injured workers to seek financial compensation for both the emotional trauma and physical pain arising from workplace injuries. And importantly, the FELA set no ceilings or caps on damage recovery, this is decided by juries in most cases that go to trial.
As previously stated, railroad work is extremely dangerous and FELA holds railroad employers to a higher standard of responsibility. This means that FELA claims tend to yield significant settlements designed to recompense workers for the extensive damages they sustain. Knowing what your rights are under FELA is essential to ensuring you receive full and fair financial compensation.
All We Do Is Injury Law
Successfully facing the challenges inherent in FELA claims requires the advice and support of a skilled Norfolk FELA attorney. indeed, one of our Firm attorneys, Richard Shapiro, is the co-author of a legal treatise on Railroad health and safety that appears in the nation’s law libraries. In addition, he has served as the chairman of the railroad section of the American Association for Justice in two separate terms, that organization has the most injury attorneys in the United States. At Shapiro, Washburn & Sharp, we understand the FELA process and will fight tirelessly to ensure that your rights are protected, and this is evidenced by hundreds of past cases we have helped railroad workers successfully settle or win at trial. We have the resources and experience necessary to unequivocally prove negligence and obtain the settlement award that you deserve. Our firm’s extensive experience handling FELA cases has produced a strong record of favorable outcomes, including a $978,000 jury verdict for a locomotive engineer who was injured due to the negligence of a colleague.
The filing and execution of FELA claims is a challenging task, especially if you are trying to recover from a serious railroad injury. If you are a railroad worker who was injured on the job due to employer negligence, reach out to the nationally recognized Norfolk FELA attorneys at Shapiro, Washburn & Sharp at (833) 997-1774 or via our online contact form to schedule a free consultation. Our personal injury law firm proudly represents deceased and injured railway workers throughout the eastern United States, with offices conveniently located in Norfolk, Hampton, Virginia Beach, and Portsmouth.