FELA | Lawyers/Attorneys
Home/Personal Injury/FELA
FELAadmin2020-08-25T17:03:55+00:00
Federal Employers Liability Act (FELA) / Railroad Injury
If you work for a railroad transportation company and you were injured on the job, there is a special law called the Federal Employers Liability Act which provides and affords special protections for injured employees while working on the Railroad. FELA operates in a similar fashion to workers compensation. In a FELA case, unlike workers compensation, an injured railroad employee can sue their employer and may recover for pain and suffering.
Frequently Asked Questions about the Federal Employers Liability Act (FELA) / Railroad Injuries
Our personal injury lawyers provide answers to some important questions below.
Can I sue my employer if I am injured working on the railroad?admin2020-07-08T20:41:15+00:00
Can I sue my employer if I am injured working on the railroad?
Yes. Even if you are found to be partly at fault, so long as you are not 100% at fault for your injury, FELA allows for an employee to sue their employer.
What do I need to prove to win a FELA case?admin2020-07-08T20:40:27+00:00
What do I need to prove to win a FELA case?
An injured railroad worker must prove that injury was caused by the negligence of the railroad company, other employees, agents, or contractors, or from a defective or faulty product or piece of equipment provided by the Railroad. Strict or absolute liability against the railroad may be imposed if the railroad violated a safety statute or regulation.
Where do I bring a FELA lawsuit?admin2020-07-08T20:40:05+00:00
Where do I bring a FELA lawsuit?
FELA lawsuits can be brought in either State or Federal Courts. It is important to work with a railroad injury attorney with knowledge and experience in FELA lawsuits who can explain the pros and cons to appropriately choose the jurisdiction right for you and your case.
What should I do after I have been injured while working on the railroad?admin2020-07-08T20:39:22+00:00
What should I do after I have been injured while working on the railroad?
If you have been hurt while working on the railroad, it is important that you notify your supervisor of the nature and extent of your injuries and to seek medical attention as soon as possible. You should also contact your union representative immediately. It is always best to contact an experienced railroad injury lawyer before making any statements or providing information to a claims representative.
If I am partially at fault for my injury, can I still sue?admin2020-07-08T20:38:49+00:00
If I am partially at fault for my injury, can I still sue?
Yes. Like many other personal injury cases, FELA cases use the comparative negligence standard. This means a percentage of fault will be assessed against the injured railroad worker and the railroad. Any award would then be reduced by your percentage of fault. For example, if you suffered a severe injury and were awarded 1 million dollars, and a judge or jury determined the fault responsibility to be 25% for the injured worker and 75% for the railroad, the 1 million dollar verdict would be reduced by 25% to $750,000.
Am I entitled to any benefits while my case is pending?admin2020-07-08T20:38:11+00:00
Am I entitled to any benefits while my case is pending?
You may be entitled to benefits under the Railroad Retirement Board disability benefits or supplemental disability benefits. You should contact your union representative to see what benefits are available for you.
What types of cases does FELA apply to?admin2020-07-08T20:37:46+00:00
What types of cases does FELA apply to?
FELA applies to injuries on the railroad that can range from falls from heights, defective equipment, asbestos exposure, repetitive stress, and cumulative trauma injuries.
What damages can I recover in a FELA case?admin2020-07-08T20:37:18+00:00
What damages can I recover in a FELA case?
In a FELA case, you can seek past and future wage loss; out of pocket expenses; past and future pain and suffering; psychological treatment; past and future medical expenses. In a wrongful death case, dependents can seek economic loss for the death of a family member.
How do you value an injury in a FELA case?admin2020-07-08T20:36:14+00:00
How do you value an injury in a FELA case?
The value of an injury to an injured railroad worker depends on the severity of the injury, the amount of time lost from work, whether the railroad employee can return to work, and the permanency of the injury. It is important to work with an experienced personal injury attorney who has handled FELA and railroad worker injuries to help obtain the best outcome for you.
Do you need an attorney to handle your FELA claim?admin2020-07-08T20:35:48+00:00
Do you need an attorney to handle your FELA claim?
While you are not required to have an attorney handle your case, it is always better to contact an experienced railroad injury attorney as they will have the knowledge and skill to help obtain the best verdict or resolution for you.
How long will my FELA case take?admin2020-07-08T20:35:14+00:00
How long will my FELA case take?
The length of a case for a person injured while working on the railroad varies. For information on the general time frame of a personal injury, see the timeline below. The amount of time a case takes depends on many factors including the extent of the injuries, whether the case will be litigated or settled, how the injury occurred, and whether you are able to return to work. Often, you need to wait some time to determine the answers to these questions. An experienced railroad injury attorney will be able to help guide you through the process.
Do I have to be treated by the Railroad Doctor?admin2020-07-08T20:23:36+00:00
Do I have to be treated by the Railroad Doctor?
No. While you may have to be examined by a railroad doctor, you have the right to treat with any doctor or physician of your choice for your injuries. You should make sure the doctor that you treat with accepts your insurance or you may otherwise be responsible for the costs associated with seeing the physician.
Timeline of a Personal Injury Case
1. An Accident Occurs
2. Hire a Personal Injury Attorney
3. Client Responsibilities
4. The Legal Team Builds The Case
5. Settlement Negotiations
6. Lawsuit Is Filed
7. Discovery
8. Pretrial Settlement
9. Trial
If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf
Meet with a lawyer to discuss the incident
Bring medical records or other relevant documents including an accident report if available
Your lawyer will help you understand the process of a personal injury case
Follow the doctors' advice
Go to all medical appointments
Report all symptoms to doctors
Take photos of injuries
Tell lawyer anytime a new doctor is seen
Determine how and why the injury occurred
Speak with witnesses
Obtain any investigative reports
Obtain scene, vehicle and product photos, as applicable
Obtain medical records and bills
Consider all possible claims and theories of liability against any potential defendant
Consult with experts
Communicate and negotiate with the insurance company
Obtain a settlement or pursue a lawsuit
File a summons and complaint prior to the statute of limitations
Serve the legal documents on the defendants
Prepare and exchange evidence with the other lawyers in the case
Conduct depositions of all relevant parties (also called EBTs)
Defense medical examination conducted
File motions (written applications) to the court if necessary
Participate in arbitration or mediation if appropriate
Determine liens if any
Settle the case or proceed to trial
You have the right to a trial by jury or by the judge who will act as both judge and jury
At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
* Prior results do not guarantee future outcomes.