Mark & Associates, P.C. Attorneys At Law

Federal Law Protects Railroad Workers Injured on the Job

The Federal Employer's Liability Act (FELA) is the federal law passed in 1908 that provides financial compensation to railroad workers who are injured in the course of their employment. In order to prevail on a FELA claim, the injured worker must prove that their employer was negligent and that the employer’s negligent action/inaction caused or contributed to the worker’s injury. In this way, FELA claims differ from traditional worker’s compensation claims, which do not require an injured worker to prove the employer’s negligence caused the injury. However, in most cases, injured workers who sue under FELA are entitled to recover greater financial compensation than would be available under a standard worker’s compensation claim. Most railroad workers are covered by FELA, even if their regular job duties do not involve working on or near railroad tracks or trains.

Injuries Covered by FELA

There are four primary types of injuries that are covered by FELA. They include:

• Repetitive Stress Injuries such as hearing loss, carpal tunnel syndrome, and muscle and joint pains that result from prolonged exposure or repetitive motions but may not be traced to a single injury or incident

• Sudden and Traumatic Physical injuries such as broken bones, back and spinal cord injuries, burns, and cuts

• Occupational Diseases Lung cancer, skin diseases and other injuries that result from exposure to asbestos, PVC, and other toxic substances which are common in the railroad industry

• Aggravated Pre-Existing Conditions Existing injuries or physical conditions that are made worse due to the negligence of an employer may be grounds for compensation under FELA

Types of Recoverable Damages

Under FELA, injured railroad workers may be able to recover some or all of the following past, present, and future financial damages:

• Lost income
• Medical expenses
• Pain and suffering

3 Year Statute of Limitation

FELA claims are governed by a three-year statute of limitation. After three years have passed from the date of the injury, a FELA claim will be barred from court. Therefore, it is imperative that if you are considering filing a FELA claim for an on-the-job injury, you consult with an experienced attorney as soon after the accident as possible to ensure that your legal rights are protected.

Free FELA Legal Consultation

If you or a loved one has been injured while working on the railroad, you have legal rights and may be compensated for your injuries. At Mark & Associates, P.C, our aggressive, dedicated attorneys will fight for the financial compensation to which you are entitled. To consult with an attorney, contact our law firm today by completing the case submission form on this page, or by calling 1-866-50-RIGHTS (1-866-507-4448).