Federal Employers' Liability Act
In 1908, Congress passed the Federal Employers' Liability Act (FELA) in order to protect the rights and safety of railroad workers. The enactment of the Federal Employers' Liability Act occurred in the United States long before the passage of state workers' compensation laws. This law favorably positions and protects railroad workers who are injured on the job. Under the Federal Employers' Liability Act, a railroad worker can seek compensation for injuries suffered due to the negligent acts or omissions of the railroad company. The Federal Employers' Liability Act requires that the injured employee prove negligence on behalf of his or her employer. Once liability is proven, injured employees are entitled to compensation for a full range of related damages.
The Federal Employers' Liability Act is different from workers' compensation laws in a few important ways. An attorney specializing in Federal Employers' Liability Act law can help sort through the details of your case and discover negligent acts committed by the railroad company. This can greatly increase the chance of a successful result in a Federal Employers' Liability Act claim.
If employer negligence is the cause of injury to an employee of any railroad company, that individual is entitled to awards for the following damages:
- Past and future wage loss
- Past and future medical expenses not covered by employer-provided insurance
- Loss of earnings capacity
- Physical pain and suffering
- Mental and emotional suffering
- Disfigurement or scarring
- Partial or permanent disabilities
Seeking the professional legal advice of an attorney who specializes in Federal Employers' Liability Act lawsuits is essential to a successful case. It is also important to seek professional advice because the railroad companies have specially trained lawyers and adjusters whose job it is to prevent the railroad companies from being proved liable for their negligence or to otherwise minimize the employee's damages. If you have questions or need assistance with railroad related benefits, please contact us.