As a railroad worker, it is important to understand your rights and the legal protection offered by the Federal Employers Liability Act (FELA). This page will provide you an overview of FELA, discuss your rights as a railroad worker, and offer advice on how to contact our FELA attorneys. We’ll examine the FELA claims and settlements process.
Introduction to the Federal Employers Liability Act (FELA)
FELA is a federal law that was passed in 1908 to protect railroad workers from unsafe working conditions and employer negligence.
It provides legal recourse for railroad workers who suffer injuries due to their employer’s negligence or hazardous working conditions. Under FELA, railroad employers are held liable for damages caused to an employee due to their negligence or hazardous working conditions.
FELA is administered by the Federal Railroad Administration (FRA). It legally requires railroad employers to provide their employees with safe working conditions and to provide medical and other benefits to injured workers. FELA is an important law as it helps ensure that railroad workers have access to justice and proper compensation for their injuries.
What are your rights as a railroad worker under FELA?
Under FELA, you have the right to seek compensation for any injuries that result from the negligence of your employer or unsafe working conditions.
This includes physical injuries, including but not limited to:
- Broken bones.
- Burns.
- Lacerations.
- Head or neck injuries.
- Mental or emotional injuries.
FELA also covers occupational diseases, such as hearing loss or respiratory illnesses, that are caused by working in an unhealthy environment.
You also have the right to receive medical treatment for any injuries caused by your employer’s negligence or hazardous working conditions. Your employer must provide necessary medical care and treatment, as well as reasonable compensation for any lost wages or medical expenses.
What type of injuries can be covered under FELA?
FELA covers any injury that arises from the negligence of your employer or from unsafe working conditions, including physical, mental, and emotional injuries. This includes injuries caused by falls, explosions, fires, hazardous materials, and inadequate safety equipment.
FELA also covers occupational diseases, such as hearing loss, respiratory illnesses, and cancer, caused by working in an unhealthy environment.
How to File a Railroad FELA claim
If you have suffered an injury due to the negligence of your employer or unsafe working conditions, you can make a FELA claim. To make a FELA claim, first contact our FELA attorneys at 1-800-631-5656 or use the 100% secure form on the right side of this page. We will then be in contact and file the claim with the Federal Railroad Administration. The Schmidt National Law Group will help you find and gather all the evidence of your injury, such as medical records, witness statements, and other relevant documents.
Once your claim is filed, the FRA will investigate the case and determine whether your injury was caused by your employer’s negligence or hazardous working conditions.
If the FRA finds that your employer is liable for your injury, they will recommend a settlement offer to your employer. If the employer refuses to accept the settlement offer, we now file a FELA lawsuit in federal court.
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What to consider when finding a FELA attorney
When looking for a FELA attorney, it is important to consider a few factors. First, you should look for an attorney who has experience handling the complex FELA cases. The Schmidt National Law Group has a team of FELA attorneys with a combined 40 years of practice, and we fully understands the complexities of railroad injury cases. Start by calling our office direct at 1-800-631-5656.
What is the process for filing a FELA claim?
The process for filing a FELA claim begins with filing a claim with the Federal Railroad Administration. This requires our firm to provide evidence of your injury, such as medical records, witness statements, and other relevant documents. The FRA will then investigate the case and determine whether your employer is liable for your injury.
If the FRA finds that your employer is liable, they will recommend a settlement offer to your employer. If the employer refuses to accept the settlement offer, you can file a lawsuit in federal court.
How to prepare for a FELA trial
If your case goes to trial, it is important to be prepared. You should make sure that you have all of the necessary documents and evidence to support your case. This includes medical records, witness statements, and any other relevant documents.
You should also review your case with your attorney and make sure that you understand the legal strategies they will be using in court. Finally, you should be prepared to testify in court and make sure that you understand the questions that you may be asked.
Common damages for FELA claims
If your FELA claim is successful, you may be awarded damages for your injuries. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages. In some cases, you may also be awarded punitive damages if your employer acted in a particularly reckless or negligent manner.
How to find out about FELA settlements
If your employer agrees to settle your FELA claim, the terms of the settlement may be negotiated between the two parties. In some cases, the settlement may include the payment of a lump sum to cover your medical expenses and lost wages. In other cases, the settlement may include an agreement to provide medical treatment or other benefits.
You can find out more about FELA settlements by speaking directly with our attorney team and researching settlements in similar cases. Some past FELA claims have large cash payouts for victims, examples include: Please note these figures are only an example and do not represent what outcome may occur for your claim.
Broken Knee injury – $395,000 settlement.
Hearing Loss – Tinnitus claim – $68,000 settlement.
Neck injury – $1,200,000 settlement.
Spinal injury – $2,100,000 settlement.
The Federal Employers Liability Act provides important protections for railroad workers. It ensures that employers are held liable for any injuries caused by their negligence or hazardous working conditions. As a railroad worker, it is important to understand your rights under FELA.
If you or someone you love was injured while working for any railroad company across the US, please contact our railroad FELA attorneys today, we offer a 100% free consultation and no fees until we win. Act now and file your FELA claim today, the law is here to protect YOUR rights.
Rights as a railroad worker & FELA attorneys, FELA claims and settlements page updated on February 28, 2023.