Despite improved safety conditions, the injury rate for those employed in the railroad industry remains 50 percent higher than it is for workers in other occupations. Rather than filing worker’s compensation claims, railroad workers are subject to a special set of laws known as the Federal Employers’ Liability Act (FELA).
Passed in 1908, FELA recognizes the ultra-hazardous nature of railroad work. It was designed to require railroads to provide a safe working environment for their employees including reasonably safe fellow employees, reasonably safe tracks, locomotives, cars and any other equipment used by railroad employees. FELA also requires railroads to warn of hazardous or unsafe conditions, to provide proper training and supervision, and to enforce safety rules.
In order to recover damages under FELA, an injured worker must prove that the railroad’s negligence, in whole or in part, is to blame for his or her injury. However, because FELA was designed to protect rather than harm railroad workers, in most cases the slightest connection between the railroad’s negligence and the worker?s injury is often enough to establish causation.
FELA typically allows railroad employees to recover damages such as:
1. Lost earnings
2. Medical expenses
3. Compensation for pain and suffering
4. Payment for the employee?s reduced ability to earn a wageIf you or a loved one has been injured by a railroad, you might have a claim under FELA.
If you or a loved one has suffered Personal Injury due to the Negligence of others, whether it be from an On The Job Accident, Maritime Injury, Auto Accident, Bicycle Accident, Motorcycle Accident, Railroad Accident, or Pedestrian Accident, contact The Rasansky Law Firm immediately to discuss your potential legal rights and options regarding your Personal Injury claim by using our Contact Form to submit your potential claim.