What Is The Federal Employers Liability Act (Fela)?

The Federal Employers Liability Act (FELA) is a crucial piece of legislation protecting railroad workers across the United States. Congress enacted FELA in 1908 to compensate railroad employees who suffered injuries or lost their lives due to their employer’s or fellow workers’ negligence.

FELA holds railroad companies accountable for providing a safe working environment for their employees. It requires employers to take reasonable measures to protect their workers from harm, such as maintaining equipment, providing proper training, and ensuring a hazard-free workplace. When a railroad company fails to meet these standards and an employee suffers an injury, FELA allows the injured worker to seek compensation.

Unlike traditional workers’ compensation systems, FELA operates on a fault-based system. This means that an injured railroad worker must prove that their employer’s negligence, in whole or part, caused their injury. Even if the employee’s negligence contributed to the accident, they may still recover damages, although the amount may be reduced based on the percentage of their fault.

What Does FELA Cover?

FELA covers various injuries and illnesses that railroad workers may experience on the job. These encompass injuries caused by accidents like slips, falls, and collisions, along with occupational illnesses stemming from exposure to hazardous substances or repetitive stress. Examples of common FELA claims are:

• Injuries from train derailments or collisions
• Slip and fall accidents due to hazardous conditions on the job site
• Injuries caused by defective or poorly maintained equipment
• Occupational illnesses, such as hearing loss, respiratory diseases, or cancer, caused by exposure to hazardous substances
• Repetitive stress injuries, such as carpal tunnel syndrome or back strain, caused by repetitive motions or improper ergonomics

When railroad workers suffer an injury covered by FELA, they may be entitled to various types of compensation. These include:

• Medical expenses: FELA requires railroad companies to pay for all reasonable and necessary medical expenses related to the injury, including hospitalization, surgery, medication, and rehabilitation.
• Lost wages: If an injury that results in a permanent disability prevents a railroad worker from returning to their job, FELA entitles them to recover lost wages, including future lost earning capacity.
• Pain and suffering: Injured railroad workers may also seek compensation for the physical pain and emotional distress caused by their injury.
• Disability: If an injury results in a temporary or permanent disability, FELA compensates for losing earning capacity and the costs associated with adapting to the disability.
• Wrongful death: In the tragic event that a railroad worker loses their life due to a work-related injury, FELA allows their surviving family members to seek compensation for funeral expenses, lost financial support, and the loss of companionship.

How to Pursue a FELA Claim

To pursue a FELA claim, an injured railroad worker must initiate a lawsuit against their employer in state or federal court. The statute of limitations for a FELA claim lasts three years from the date of the injury, highlighting the importance of promptly taking action to safeguard your rights.

Get Help from Our Experienced Farmington Hills FELA Attorney

Facing the complex legal process of a FELA claim can pose challenges, particularly while managing the physical and emotional impacts of an injury. This is where an experienced FELA attorney from Davis Law Center can offer invaluable assistance. A knowledgeable FELA lawyer can aid you in comprehending your rights, collecting evidence to bolster your claim, negotiating with the railroad company, and advocating for the compensation you merit.

If you or a loved one has endured an injury while employed by a railroad company, seeking counsel from a seasoned FELA attorney at Davis Law Center is imperative. They offer invaluable guidance and representation throughout the legal process, ensuring the protection of your rights and advocating for the compensation you deserve. From investigating the injury’s circumstances to negotiating with railroad companies and litigating in court if necessary, a qualified FELA attorney will be your steadfast advocate, committed to securing justice.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.

About the Author Neil Davis, owner of Davis Law Center, is a seasoned attorney specializing in personal injury cases. With over 30 years of experience, he has successfully secured millions in compensation for injured individuals. Neil is a dedicated advocate for justice and an active member of legal associations. Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all these things for his clients and would be honored to have the opportunity to discuss your case with you.