FELA Lawsuit | How to File A FELA Claim in 2024

The Federal Employers Liability Act (FELA) Explained

Federal Employers Liability Act (FELA) is a federal law that protects railroad workers by allowing them to sue their employers for injuries sustained on the job.

Unlike standard workers’ compensation systems, FELA operates under a fault-based system, requiring employees to demonstrate that their injuries resulted from negligence of the railroad company.

When a worker files a FELA claim, they can seek damages for pain and suffering, lost wages, medical expenses, and even emotional distress, which are not typically covered under regular workers’ compensation claims.

FELA also considers comparative negligence, meaning that compensation can be adjusted based on the worker’s own contribution to the accident.

To pursue a FELA claim, injured railroad workers are recommended to consult with a specialized attorney who understands the complexities of railroad industry standards and federal law.

If you were suffered a workplace injury due to the negligence of a railroad company, you may be eligible to pursue a FELA claim.

Contact our law firm for a free consultation, or use the chatbot on this page to get in touch with our Railroad Injury Lawyers.

What is the FELA Claims Process?

Eligibility for a FELA claim hinges on the claimant being a railroad worker who was injured while performing duties related to their employment.

Workers who are part-time or full-time, regardless of their union status, may qualify for FELA protection if they meet these criteria.

The FELA Claims Process typically follows these steps:

1. Report the Injury: The injured employee must report the injury to their employer as soon as possible.
2. Gather Evidence: Collect detailed evidence showing negligence by the employer, such as witness statements, medical records, and documentation of unsafe conditions.
3. Hire an Attorney: Consult with a FELA attorney to get professional help in handling the claim.
4. File a Claim: The attorney will help file the formal claim against the railroad company or railroad companies, outlining the negligence and the resulting injuries.
5. Negotiation and Settlement: The attorney may negotiate with the railroad company for a fair settlement to cover the worker’s damages.
6. Trial: If a settlement is not reached, the case may go to trial where the court will determine negligence and compensation.
7. Appeal Process: If the outcome at trial is unfavorable, there may be an option to appeal the decision.

The process for a FELA case can vary significantly depending on the unique circumstances surrounding each individual case, such as the nature of the injury, the evidence available, and specific employer practices.

These differences can influence everything from the strategy for proving negligence to the negotiation and potential settlement of the claim.

What’s the Difference Between a Workers Compensation Claim and a FELA Claim?

Workers’ compensation is a no-fault system, meaning that employees can receive benefits regardless of who is at fault for their injuries.

FELA claims require the employee to prove that the employer was negligent.

Workers’ compensation typically covers medical expenses and lost wages but does not allow for pain and suffering or punitive damages, which are possible under FELA if negligence is proven.

FELA also offers the potential for higher compensation amounts, reflecting the actual damages and suffering experienced by the injured worker.

Workers’ comp is available to most employees in various industries, while FELA specifically covers only railroad workers.

The legal process for FELA claims is more complex and typically requires the assistance of an attorney, whereas workers’ compensation claims are generally more straightforward and often handled without an extensive legal process.

Under FELA, injured workers have the right to sue their employer in state or federal court, providing an opportunity for a jury trial, which is not an option in standard workers’ compensation cases.

Types of Railroad Accidents and Injuries Potentially Covered by FELA

FELA covers a wide array of railroad accidents and injuries.

Railroad accidents potentially covered by FELA include collisions between trains, derailments, accidents involving railroad track maintenance, and incidents related to faulty equipment or machinery.

Injuries can range from acute traumas like broken bones and burns to chronic issues such as hearing loss or respiratory diseases caused by long-term exposure to harmful substances.

Mental and emotional pain or distress are also eligible under FELA if they stem from work-related incidents, acknowledging the psychological impact of traumatic events on railroad workers.

FELA encompasses cases of repetitive stress injuries, recognizing the physical toll of routine tasks over years of service.

Types of Railroad Accidents and Injuries Potentially Covered by FELA:

• Collisions and Derailments: Impact injuries, crush injuries, and trauma from being thrown inside a train.
• Equipment and Machinery Accidents: Injuries from malfunctioning tools, electrocutions, or getting caught in machinery.
• Exposure to Toxic Substances: Illnesses from exposure to chemicals, such as asbestos-related diseases or chemical burns.
• Falls from Heights or Slip and Fall Accidents: Injuries from falls on train platforms, ladders, or slippery surfaces.
• Repetitive Motion Injuries: Conditions like carpal tunnel syndrome or back injuries due to repetitive tasks.
• Workplace Violence: Injuries sustained from assaults or other violent acts while on duty.

Can You File a FELA Claim for Wrongful Death?

If you are the family member of an employee who tragically passed away due to a workplace accident or injury, you may be eligible to file a FELA claim for wrongful death.

A wrongful death claim allows spouses, children, or dependent family members to seek compensation for their loss, covering financial support the deceased would have provided, as well as non-economic damages like loss of companionship.

The process for a wrongful death claim under FELA similarly requires showing that the railroad’s negligence played a role in the fatal incident.

Legal representation is highly recommended for wrongful death claims and to effectively advocate for the rights and entitlements of the bereaved family.

Do You Qualify for a FELA Lawsuit?

If an employee’s injuries were caused by the negligence of a railroad company, they may be eligible to file a FELA claim.

FELA cases require individuals to prove an employer’s negligence which resulted in an injury or death.

Our lawyers can help you through the process of a FELA injury claim, including gathering evidence and assessing damages.

Reach out to use for more information on the legal process for railroad cases.

Gathering Evidence for FELA Claims

Evidence is the cornerstone of any personal injury claim, especially for injured railroad employees seeking compensation.

It is extremely important to gather and retain evidence related to your accident and injury.

Possible evidence in FELA cases may include:

• Medical records to document the extent and nature of the injuries sustained.
• Expert testimony from medical professionals to establish the cause of the injuries and their impact on the worker’s health and ability to work.
• Witness statements from coworkers or other individuals who observed the incident or can testify to unsafe working conditions.
• Maintenance records of equipment or tools that were involved in the accident, showing neglect or failure to adhere to safety standards.
• Training records to demonstrate whether the employee had been properly trained and whether the railroad adhered to its training obligations.
• Safety audits and inspections reports which can indicate whether the railroad had prior knowledge of potential hazards but failed to act.
• Photographs or video footage of the accident scene or the injuries, providing visual evidence that supports the claim of negligence.
• Employment and payroll records to substantiate claims for lost wages and future earning capacity.

Assessing Damages for a Railroad Work-Related Injury

Damages refer to the total amount of losses, economic and non-economic, incurred as a result of an accident.

An experienced lawyer can help injured railroad workers assess and calculate damages in their case.

Possible damages in FELA cases may include:

• Medical expenses
• Lost income and lost earnings ability
• Physical pain and suffering
• Emotional pain and suffering
• Future medical bills
• Permanent disability
• Lost quality of life
• Other compensatory damages

How Can a Railroad Accident Lawyer Help Me?

An experienced Railroad Accident Lawyer can help an injured worker secure rightfully owed compensation under a FELA claim or other legal actions if necessary.

FELA cases require a thorough understanding of railroad operations, safety regulations, and the specific legal standards of negligence that apply to the industry.

An experienced Railroad Accident Lawyer will help victims build a compelling case, ensuring all relevant evidence is meticulously gathered and presented.

They also provide strategic negotiation skills to deal with railroad companies and their insurers, aiming to secure the best possible settlement or, if necessary, prepare for a trial to advocate effectively on behalf of the injured worker.

A FELA Attorney will work to:

1. Investigate the Injury and Accident
2. Establish Negligence
3. Assess Damages
4. Advocate for Maximum Compensation

Investigation of the Accident

A lawyer will investigate the related accident and injuries in FELA cases by collecting and analyzing evidence that can establish the railroad’s liability.

Lawyers often work closely with accident reconstruction experts, safety inspectors, and medical professionals to build a comprehensive understanding of the circumstances leading to the injury.

A thorough investigation can prove negligence on the part of the employer and help accurately assess the extent of the injuries for compensation demands.

Determining Liability and Establishing Negligence

In FELA cases, determining liability and establishing negligence is central to a successful claim, and it often hinges on proving the railroad’s violation of safety regulations.

A lawyer and their team of experts work to properly identify violations and link them directly to the accident, demonstrating how the railroad company failed to meet its duty of care to its employees.

This process involves an examination of safety protocols, maintenance records, and employee training logs to establish a clear breach of safety standards that contributed to the injury.

Assessing and Calculating Damages

Lawyers evaluate the full extent of an injury’s impact on the worker’s life, including lost wages, medical expenses, and potential future earnings.

Attorneys also consider non-economic damages such as pain and suffering and loss of quality of life, which are often important parts of compensation sought under FELA.

Lawyers are focused on calculating and assessing damages completely to accurately reflect both the tangible and intangible losses caused by the injury.

Advocating for Compensation

Lawyers will utilize evidence collected about the accident, testimony from witnesses and medical experts, and thorough documentation of the worker’s injuries and related expenses to build a strong case for compensation.

Experienced FELA Lawyers will strategically challenge any attempts by the defense to minimize the severity of the injuries or the railroad’s responsibility.

It is the goal of a FELA attorney to make sure that the injured worker receives full and fair compensation.

TorHoerman Law: Your Railroad Injury Lawyers

Railroad companies are required to provide a safe workplace, reduce hazards, and prevent accidents that put workers in harm’s way.

A railroad worker injured on the job has legal rights, and our lawyers are dedicated to helping workers exercise those rights to seek compensation they are rightfully owed.

Our attorneys can help injured workers through the legal process for FELA claims, handling every aspect of their case with the expertise required to secure the best possible outcome.

If you or a loved one were injured on the job as a railroad worker, you may be eligible to file a FELA claim and seek compensation.

Reach out to our Railroad Injury Lawyers for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a FELA Lawsuit instantly.