Injured railroad workers can seek compensation primarily through the Federal Employers Liability Act (FELA), which is designed specifically for them.
To initiate a FELA claim, the injured worker must first report their injury to the railroad employer, detailing the circumstances and impact.
It’s essential for the worker to gather comprehensive evidence, such as medical records, witness statements, and documentation of the work environment, to support their claim of negligence.
Hiring an attorney with expertise in FELA cases is a crucial next step, as FELA lawyers are equipped to handle the process of claims for railroad injuries and can provide the necessary legal guidance.
A lawyer will file a lawsuit on behalf of the injured railroader, aiming to demonstrate that the railroad’s negligence directly caused the injury.
Negotiations for a settlement may follow, where the attorney will argue for fair compensation to cover all injury-related expenses and impacts.
If no settlement is reached, the case may proceed to trial, where a judge or jury will determine the outcome based on the evidence presented.
What is the Federal Employers Liability Act?
The Federal Employers Liability Act (FELA) is a U.S. federal law enacted in 1908 to protect and provide compensation for railroad workers who are injured on the job.
FELA was established in response to the high risk and number of injuries associated with railroad work, recognizing the need for a protective system outside of traditional workers’ compensation.
Under FELA, injured workers must prove that the railroad was at least partially negligent in causing the injury, a requirement that differs from state workers’ compensation laws, which generally provide benefits regardless of fault.
FELA allows for a broader range of damages than workers’ compensation, including full past and future wages, medical expenses, and compensation for pain and suffering.
The act also permits injured workers to file lawsuits directly against their employers in state or federal court, offering a trial by jury—an option not typically available in workers’ compensation cases.
FELA encourages railroads to operate more safely, as the potential for significant financial penalties under the law incentivizes better safety practices and working conditions.
Overall, FELA’s aim is to ensure that railroad workers have sufficient protection and remedies available when injured due to workplace conditions or employer negligence, promoting a safer and more responsible railroad industry.
The Differences Between a FELA Claim and Workers Compensation
The differences between a FELA claim and workers’ compensation primarily hinge on the parties they cover and the processes they entail.
Workers’ compensation is available to most employees in various industries across the U.S., providing benefits irrespective of fault.
In contrast, FELA is specifically designed for railroad workers and requires the injured party to prove employer negligence to qualify for compensation.
In terms of the claims process, workers’ compensation is generally administered through a more streamlined, administrative system where the injured worker files a claim with their employer’s insurance.
With workers comp, there is rarely a need for a court trial, and the process is geared towards quick resolution and benefits disbursement.
On the other hand, a FELA claim may involve detailed legal proceedings, including evidence gathering, potential settlement negotiations, and possibly a jury trial.
The concept of proving negligence in a FELA claim requires a more complex and potentially lengthy process to achieve compensation.
