Have you been injured on your railroad job? Are you confused about what to do next? Well, thankfully you are protected under the Federal Employers Liability Act. If you’re unsure how to move forward, this guide has the answers.
Continue reading to learn more about FELA lawsuits and how you can receive compensation for your railroad injuries.
What Is FELA?
FELA stands for the Federal Employers Liability Act. In 1908, US Congress passed this law to protect and compensate railroad employees who were injured on the job. This act was congress’s second attempt to create a law after the United States Supreme Court stated that the initial law from 1906 was unconstitutional.
The first federal regulation protected railroad workers who were not covered by workers comp. The FELA law offered railroad workers who were injured an opportunity to receive payouts for their health care expenses, as well as wage loss and pain and suffering.
But unlike workers’ compensation, the Federal Employers Liability Act did not instantly provide benefits. Rather, the injured employee had to supply proof that it was the railroad system that created harm due to negligence.
What Rights Are Covered Under FELA Protection?
Railroad employees have a legal obligation to work in a safe job environment, under FELA law. In addition to that, railroad companies also have the duty to enforce this right. To meet the legal obligation, railroads must offer the proper equipment and safety gear to every employee.
They must also supply properly maintained tools to get the job done efficiently. If the railroad employer does not do so, they are liable for any injuries that occur as a result of negligence.
Furthermore, hurt railroad employees have the right to sue their employer if the company’s negligence led to their injuries. This process is much different than workers’ compensation.
Also, the money received from a FELA claim is generally greater than the amount received under workers’ compensation.
The Difference Between FELA and Workers Comp
There’s quite a contrast between FELA and workers’ compensation. Usually, an employer’s workers’ comp benefits are fixed and arbitrary. In most cases, it only provides a small amount to the injured employee, which isn’t sufficient to cover their medical bills and other expenses.
On the other hand, an injured railroad worker can file a lawsuit under the Federal Employers Liability Act to recoup all damages. The damages include medical expenses, lost wages, hospitalization, lost income, emotional stress, and pain and suffering.
In addition to that, if the railroad worker loses their life, their family can file a wrongful death suit for the expenses of funeral and burial costs.
After a railroad worker is hurt on the job, they must contact their union rep as soon as possible prior to giving an oral or written statement regarding their injuries. Once the employee hires a railroad injury attorney, the lawyer will speak with the union rep to make sure that all of the employee’s rights are protected.
The FELA Lawsuit Timeline
After an injury occurs, railroad workers have three years to file or settle a FELA claim under federal law. However, there are certain ramifications that could potentially extend the statute of limitations past the FELA law timeframe.
For instance, a railroad employee could file several railroad injury claims, which includes a FELA claim filed in state and federal court. That process would automatically prolong the FELA lawsuit.
However, if you’ve been hurt due to a railroad injury, it’s in your best interest to file the suit as soon as possible. Some states have a shorter statute of limitations timeline.
Steps to Follow After Injury
If you get injured on your railroad job, there are steps you need to follow immediately after the injury occurs. The steps that you take after could impact the outcome of your claim. Here’s what you should do:
- Report the injury as soon as possible
- Make a note of any signs of negligence or violations
- Photograph hazards that can help to verify your claims
- Gather witness testimonies and contact information
- Get immediate medical attention on the first day of injury
- Reach out to an experienced FELA lawyer
- Don’t provide any statements without consulting with your attorney first
- Apply for all permitted benefits
If you skip any of the steps above, you could run the risk of claim denial or losing a portion of your compensation.
Injuries to Claim in a FELA Lawsuit
There are many causes of injuries during a railroad accident. It could be a physical injury or a case that involves injury due to encountering hazardous substances like asbestos.
Also, faulty equipment and signal controls can also lead to injury. Here are some of the most common injuries reported on FELA claims:
- Back injuries
- Amputation
- Internal organ damage
- Burn wounds
- Crushing injury
- Electrocution
- Spinal cord injury
- Brain injury
- Deep lacerations and cuts
- Wrongful death
If you experience any of the injuries above, you need legal representation. Visit felaattorney.com to find an experienced lawyer.
Understanding FELA Lawsuits
When you’re hurt on the job and your employer is responsible, it’s only right that they compensate you for your pain and suffering. This is especially true if you work on a railroad. Railroad injuries tend to be severe and have lasting side effects.
So, if you’ve been hurt on your railroad job, contact a FELA attorney as soon as possible. They’ll help you to get the compensation you deserve.
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