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 […]

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 […]

FRA Issues Status Updates for Positive Train Control Progress

The Federal Railroad Administration (FRA) last week issued a status update that is calling for railroads to come out with Positive Train Control (PTC) technologies, which uses GNSS technology, as some as they are able to do so. This update also emphasizes the Obama administration’s call to send more funding to help commuter railroads to implement Positive Train Control.  PTC […]

FRA Final Rule Requires Better Safety Approach for Passenger Rail

The Federal Railroad Administration (FRA) has issued a final rule in August 2016 that states that passenger railroads will need to adopt more proactive safety rules to prevent serious accidents, injuries and deaths.  The final rule issued by the US railroad regulator is called the system Safety Program. Under it, railroads are required to develop a better and quantifiable safety […]