The Federal Employer’s Act (FELA) was enacted by Congress in 1908 to protect and compensate railroad workers injured on the job when the railroad is at least partially negligent in causing the worker’s injuries. FELA is not a workers’ compensation act but is instead fault-based. The injured employee must prove their injury was caused completely or partly by the negligence […]
FELA and Asbestos Disease Claims
Is a Railroad Employee Protected by The FELA Only When They Clock In?
Railroad workers across the country expose themselves to the perils and hazards of their job every day. Railroad employees who are victims of an accident at work, whether in a railyard, on a track, or in an office, can take recourse in FELA to claim compensation for their injuries. FELA applies in all cases where the employee works for a […]
A Contractor For My Railroad Caused My Injury. Does The FELA Statute Still Apply?
Contract work is widely pervasive on a railroad, be it tree trimming, snow plowing, or crew transport. Contractors on a railroad are an unavoidable necessity. With the railroad outsourcing much of its work, the worksites inevitably will have some workers who are not very well-versed with the railroad work method. And when many of these people are working together, the […]
Railroad Workers, Asbestos Exposure, and Mesothelioma
Mesothelioma is a very rare – but aggressive and incurable – type of cancer that develops in the mesothelium, and due to the railroad industry’s major use of asbestos insulation in various equipment and engines, it has stricken railroad workers hard for many decades. The mesothelium acts as a protective membrane that covers the lungs, abdomen, and heart. The most […]
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 […]
An Overview of a FELA Injury Lawsuit
Railroad workers who are injured on the job as a result of their employer’s negligence have the right to file a Federal Employers Liability Act (FELA) lawsuit and recover damages. FELA was enacted in 1908 to ensure that railroaders who suffer work-related injuries are adequately compensated by their employers. For well over 100 years, FELA has offered a path for […]
Common Injuries Suffered in a Railroad Work Environment
It is well known that the risk of work-related injuries is present in several different occupations. In some occupations, however, the risk is more prominent compared to others. Railroad work is one such occupation where workers face a wide range of safety hazards. Due to the nature of the work they do and the fact that they work with heavy […]
New Study Suggests Safer Alternative Radiation Therapy for Mesothelioma
The results of a study examining the safety and efficacy of radiation treatments for patients who have been diagnosed with pleural mesothelioma (mesothelioma cancer in the pleural lining of the lungs) was recently published in the medical journal, Practical Radiation Oncology. The team of researchers concluded that proton therapy for pleural mesothelioma may be a safer alternative from standard radiotherapy […]
What Is Asbestos Induced Mesothelioma Cancer And How Is It Diagnosed?
Mesothelioma is an aggressive and incurable cancer that develops in the mesothelium – a layer of tissue that covers the internal organs. In a vast majority of cases, mesothelioma tends to affect the lungs. It can, in some cases, also affect the abdominal cavity, heart, or the testicles. Every year, over 3,000 people in the United States are diagnosed with […]
Overview of the Legal Elements That Must Be Met for an Asbestosis Claim Under the FELA
We recently received a favorable verdict in a case we handled for the estate of a Norfolk Southern carman who passed away from asbestosis and heart disease. After the verdict was returned several of his coworkers were concerned they may suffer from the disease and contacted our office with some questions regarding their risk of developing asbestosis. There is some […]