The Federal Employers Liability Act (FELA) is a fundamental law designed to protect railroad workers. Enacted by Congress in 1908, FELA allows injured railroad workers to seek financial compensation for their injuries and sets uniform liability standards for railroad companies. This law differs from regular workers’ compensation because it specifically targets the railroad industry’s negligence.
Similar to worker’s compensation, FELA can cover various expenses such as medical bills, related injury costs and lost wages. However, FELA differs from workers’ compensation insurance in that it can cover more than just medical expenses and lost wages. Whereas workers’ compensation does not require proving employer fault, FELA does, making it similar in some respects to a personal injury claim. Similarly to personal injury claims, FELA can also assist the family with wrongful death claims.
If they wish to secure damages under FELA, injured workers or their families must prove that the employer’s negligence caused the injuries. This is where FELA lawyers become essential – they understand how these cases work, help gather evidence and build strong arguments for when the claim goes to federal court.
Proving a railroad’s negligence
Railroads must keep workers safe. To do this, they need to fulfill several responsibilities under FELA, including:
- Ensuring a safe work environment: Employers must take reasonable steps to eliminate hazards and unsafe workplace conditions, including maintaining equipment and using adequate safety devices.
- Providing appropriate training: Employers must offer sufficient training to ensure workers can perform their tasks safely.
- Supervising and inspecting the workplace: Employers should supervise employees and inspect the workplace regularly to identify and address potential hazards.
- Complying with all safety regulations: Employers must adhere to all safety laws and regulations applicable to the railroad industry.
- Providing necessary tools and equipment: Employers should supply appropriate tools and equipment for safe work.
- Addressing reported hazards: Employers must promptly address and rectify any reported hazards and warn employees of known dangers.
- Providing medical treatment: If a worker is injured, the employer must ensure they receive necessary medical treatment.
- Fair handling of injury claims: Employers must be fair in addressing injury claims, cooperate with insurance companies and work with the worker’s FELA lawyers.
- Giving workers time off to recover: Employers should provide adequate time off for injured workers to recover before returning to work.
If found negligent, they will be liable for paying damages to the employee or their family.
FELA attorneys can help with claims
If you have a potential FELA claim, consulting with an experienced FELA attorney can help protect your rights and ensure you receive the compensation you deserve. Accident lawyers with experience in FELA issues can build strong cases and fight for workers’ rights in court.