Last year, the United States government foisted a contract on railway workers in order to stave off the likelihood of a strike that would have undoubtedly crippled the nation. Unfortunately, according to reports, there has been little to no evidence that this contract has had any measure of success in resolving the quality-of-life issues experienced by railroad employees. As experienced […]
Despite New Contract Railway Workers Still Experience Quality of Life Issues
How Does the FELA Claims Process Work?
Before workers’ compensation laws existed in every state, the Federal Employer’s Liability Act was developed to protect railroad workers. If you were injured on the job as a railroad worker, a FELA attorney can help you successfully navigate the claims process. Who can I turn to after being injured on the job as a railroad worker? Since railroads travel over […]
FELA Attorney Responds to FAQs
The Federal Employers Liability Act was passed by Congress in 1908 due to the important function that the railroad industry played in the growth of interstate commerce. Most people are at least marginally aware of the essential role that railroads played in the evolution of the United States. They paved the way for the settlement and development of the Wild […]
Is the Railroad Staffing Shortage Affecting Worker Safety?
All across the United States, staffing shortages are crippling major industries. The problem is especially critical on the railroads where indications of a strike nearly shut down services and paralyzed the economy. These worker shortages are not good for safety or for business on railroads where current conditions already have employees stretched to their breaking point. In September, a standoff […]
Is There a Cap on Damages for FELA Claims?
There are no limits on the recovery of compensation in FELA claims. To seek damages, a railroad injury attorney may factor in current as well as future wages, and other non-economic losses to the railroad worker. Juries award compensation in FELA lawsuits in proportion to the injuries and the degree of negligence. Factors That Affect the Value of Damages in […]
What Qualifies as A Hazardous Safety Condition?
FELA is the exclusive mechanism for railroad workers wanting to bring a compensation claim for their work-related injuries against the railroad company. While a railroad worker can file a FELA in either state or federal court, they must prove negligence on part of the employer to be able to collect the claim. Unlike a workers’ compensation claim, the onus is […]
What Is the Federal Employers’ Act (FELA)?
The Federal Employers’ Act (FELA) was enacted by Congress in 1908 to protect and compensate railroad workers injured on the job if the railroad is at least partially negligent in causing the injuries. FELA is not a workers’ compensation act. It is fault-based and requires a railroad worker to prove their injury was caused either completely or partially by the […]
Understanding the Impact of Coworker Negligence on Your FELA Claim
One of the unique aspects of the protections the Federal Employers’ Liability Act (FELA) provides employees may recover under the Act for injuries caused by their fellow employees. A railroad is responsible for injuries to an employee if the negligence of the railroad contributes “even in the slightest” to the cause of the injury. There is a litany of duties […]
OVERVIEW OF THE FELA
The Federal Employers’ Liability Act (“FELA”), 45 USC § 51, et seq., is a humanitarian statute intended to protect railroad workers from unsafe conditions and practices associated with their occupations. Its purpose has been interpreted as to adjust and allocate the cost of work-related injuries, an inescapable expense of the railroad industry, between the worker and the railroad. Sinkler v. […]
Do Railroad Office Workers Have FELA Rights?
Yes, to give the briefest and clearest answer. Any employee of a railroad corporation that engages in interstate commerce has coverage for work-related injuries and occupational illnesses under the law formally known as the Federal Employers Liability Act. LEARN MORE Retired Railroad Workers Can File FELA Claims Are There Damage Limits Under FELA? FELA was enacted in 1908 to protect […]