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How the Federal Employers’ Liability Act (FELA) Protects Railroad Employees

The FELA process may seem daunting, but understanding how it works can help injured railroad workers. Railroad workers injured in an accident should seek out a qualified lawyer to represent them during the FELA process.

Unlike workers’ compensation, FELA claims can cover injuries resulting from exposures to toxic substances such as asbestos, diesel exhaust creosote, silica sand, welding fumes and chemical solvents. The injured workers must seek a FELA attorney who is experienced to help them get the most compensation.

FELA is a law founded on fault

The Federal Employers’ Liability Act (FELA) is a statute which protects railroad employees when they suffer injuries on the job. It is a law based on fault and applies to injuries that happen on any railroad that participates in interstate commerce. The burden of proof in a FELA case is less than that of an ordinary negligence claim. The plaintiff must only establish that the employer was negligent in the execution of their duties and that negligence caused the injury. This is referred to as the “featherweight standard” of proof.

If a railroad worker is injured at work they must prove their employer’s negligence caused their injury. This differs from the burden of proof for workers’ compensation claims, which does not consider fault. This is the reason it is crucial for railroad employees to seek legal help from an experienced lawyer prior to making an FELA claim.


A successful FELA claim may provide damages for medical expenses as well as lost wages, future loss of earnings and emotional anxiety. The award also provides compensation for suffering and pain as well as permanent impairment. The amount of these awards is by a person’s present and past impairment, the nature of injury, and the impact on their daily lives. Railroad workers who suffer injuries are entitled to the full amount their employer is expected to pay in damages for a particular injury.

Unlike workers’ compensation, FELA covers both cumulative trauma injuries and specific incident injuries. Cumulative trauma injuries comprise repetitive stress injury as well as vibration-related injuries. These injuries can be catastrophic for railroad workers and they often take time to fully manifest.

It is crucial to engage an attorney as quickly as you can following an accident. The railroad starts its machinery immediately after receiving notification of your injury and begins collecting statements, photographs, documents, records and other evidence that they can use to argue your claim. A seasoned FELA lawyer can defend your rights from these tactics and discover the evidence required to prove your claim.

The most important aspect of a FELA case is to prove that the railroad was negligent. This can be difficult but it’s not impossible. A skilled lawyer will identify the key issues and any applicable laws which may be in violation. This includes laws such as the Locomotive Inspection Act and the Railroad Safety Appliance Act.

It covers a wide range of injuries.

FELA is a statute that covers a wide range of injuries, ranging from severe physical impairments, to mental anxiety and loss of earnings. It also permits railroad workers injured in the line of duty to claim damages that are not covered under worker’s compensation. This includes pain and suffering. Contact Accident Injury Lawyers seasoned FELA lawyer if you have been injured at work.

While FELA has specific protections for railroad employees, the law requires an injured railroad employee to prove that the injury was caused completely or in part through the negligence of their employer, officers, employees or agents. In addition the railroad must prove that it breached a safety rule set by the law or did not provide the proper equipment, tools, and appliances. This includes failing to create a safe working space or not maintaining railroad equipment or negligent supervision.

Since a FELA case is focused on lawsuits against the railroad, rather than filing claims for workers’ compensation, the legal process largely mirrors that of personal injury cases. This includes thorough investigations conducted by lawyers, and discussions about a possible settlement with the railroad. A FELA claim might seem daunting but with the right representation and information, an injured railroad worker will get the best outcome.

It is vital to engage an experienced FELA lawyer as soon as you can after an injury. The railroad will immediately begin gathering documents, statements, photos and records, as well as evidence against injured railroaders. An experienced attorney can avoid falling victim to these tactics by initiating the investigation early and collecting the necessary evidence to create an effective FELA case.

One of the most common errors made by railroad workers injured is not filling out the accident reports properly or in a timely manner. These forms are created by the claims department of the railroad and lawyers to gather information that they can distort or use to thwart or minimize the value of a FELA claim. An experienced attorney will make sure that all required information is included in the accident report, and that it is filed in a timely manner.

The railroad worker could be entitled to compensation if he or suffered an injury. This includes future and past medical expenses as well as mental suffering, distress, loss of enjoyment of living and permanent and total disability. The amount of these damages may differ based on the severity of the injury.

It has a time limit of three years.

If you’ve been injured while working as a railroad employee, FELA may be able to provide financial compensation. It covers a variety of illnesses and injuries that include traumatic injuries such as joint sprains and broken bones and repetitive strain injuries such as carpal tunnel and tendonitis. In addition, FELA awards non-economic damages such as pain and suffering. Contrary to traditional laws regarding workers’ compensation, which often limit these types of damages, FELA allows claimants to claim fair and full compensation for their losses. It also considers future losses when determining damages, ensuring that you get compensation for your ongoing medical costs as well as lost earnings and other financial difficulties.

A FELA lawsuit also has an expiration date, which is the maximum time that the plaintiff has to bring their case within. The statute of limitations typically ranges from three to five years. However, the exact date will be determined by whether your injury is a cumulative injury or an occupational illness. Consult an experienced FELA lawyer if uncertain about when your statute of limitations starts.

The statute of limitations in FELA is an act of the federal government that sets the time frame in which railroad employees injured can file a lawsuit. This is essential to receive the maximum compensation. Failure to follow the statute of limitations could also bar your claim.

According to FELA the three-year statute of limitations starts when a railroad worker knew or should have known that their work-related injuries or illnesses were the result of their employment. This can be difficult to determine in the case of occupational or cumulative trauma illness that involves long-term exposure to toxic substances like the exhaust fumes of diesel engines and chemical exposures.

A FELA lawsuit in addition to statutes of limitations, must be filed in the state where the accident occurred. Workers’ compensation claims can be filed anywhere. In order to maximize your chances of a successful claim, you should hire an experienced FELA lawyer. Find a firm that has an impressive track record of winning substantial settlements and verdicts. Ask them about their railroad law knowledge and their experience in FELA cases.

This includes the possibility of wrongful death

Unlike workers compensation, FELA allows railroad employees to sue for the entire range of their injuries. This includes future and past medical expenses including lost wages and benefits as well as pain and discomfort, loss of enjoyment of living aggravation or pre-existing ailments and much more. In addition the jury decides FELA claims, which means you stand a better chance of winning a greater amount.

It is essential to have an experienced FELA attorney to assist you. A lawyer can help you understand the full extent of your injury, and ensure that you get compensated for the losses associated with the injury. A lawyer can assist you to avoid the pitfalls that arise when dealing directly with a claim agent of a railroad. For example, the railroad will likely have a medical expert who could doubt your injuries and diminish their value. Your lawyer can fight the testimony of this doctor and also bring your own medical experts to strengthen your case.

Another important consideration is that FELA has no limit on the amount of wages that can be recovered. Workers’ compensation has an upper limit on wage loss. If you cannot return to work or work, a FELA attorney can calculate your income loss and determine the amount you are entitled to.

Calculating wage loss is a complex process, and a skilled FELA attorney can help you in this process. This calculation is based upon your lifetime earnings, as well as the future earning potential. The calculation is then multiplied by the percentage of fault for the accident that is determined by a jury.

It is essential that railroad workers consult with an experienced attorney immediately after an injury on the job. An experienced FELA attorney will be in a position to offer a no-cost consultation and will help you find the best way to get compensation for your injuries. They can also guide you through the complicated procedure of filing a lawsuit for the wrongful death of a loved one.

The Carey Firm has a thorough knowledge of the risks railroaders face in their jobs and can maximize your damages through a settlement that you negotiate or by taking the case to trial if needed. They are dedicated to defending the rights of railroad workers who have been injured and their families.