If you were injured while working for a railroad engaged in interstate commerce, you may be able to recover compensation for your injuries under the Federal Employers' Liability Act (FELA). If you have questions about holding your employer liable under FELA, contact our firm to schedule a consultation with an experienced attorney.
Contact an Experienced Attorney
Regarding Federal Employers Liability Act Based Claims
In the event of a railroad injury, injured and bereaved clients should consult with an experienced, accomplished personal injury law firm. Note: a FELA claim may be appropriate for a former railroad worker who suffers from mesothelioma as a result of exposure to asbestos while working on and around trains, or in railroad shops and buildings.
Call or e-mail James F. Humphreys & Associates, L.C., to schedule a free initial consultation after a railroad accident or occupational illness. From offices in Charleston and Washington, D.C., we serve clients throughout West Virginia and across the country, associating as needed with local attorneys in states where we are not licensed to practice.
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Frequently Asked Questions about FELA
Q: What is FELA?
A: FELA stands for the Federal Employers' Liability Act. FELA provides that common carriers by railroad that are engaged in interstate commerce must provide employees with reasonably safe workplaces, tools and equipment. If railroads fail to do so, they can be held liable for damages for employee injuries or death caused by that failure.
Q: I'm a railroad worker and I was injured on the job. Can I recover damages for my injuries from my employer?
A: Under FELA, you may be able to recover damages for your injuries if you can establish that your injury occurred while you were working within the scope of your employment with the railroad; your employment furthered the railroad's interstate transportation business; the railroad was negligent; and the railroad's negligence in some way caused your injury.
FELA - An Overview
The Federal Employers' Liability Act (FELA) created a cause of action for damages for injuries or death caused by the negligence of a common carrier by railroad engaging in interstate or foreign commerce. FELA is a remedial statute that is liberally construed by courts. It supersedes common law and state laws that cover the liability of railroads for injuries to employees who work in interstate commerce. If you are a railroad employee who was injured on the job or if a family member died while working for a common carrier by railroad, you may have a claim for damages under FELA. An attorney at James F. Humphreys & Associates, L.C. in Charleston, WV, who has experience handling FELA cases can evaluate your situation.
Railroads' Duties under FELA
When Congress enacted the Federal Employers' Liability Act (FELA) for the protection of railroad workers nationwide, it not only created a system in which injured workers could recover compensation for their injuries, it also established a duty for railroads to provide employees with a reasonably safe workplace. This duty is non-delegable.
FELA and Workplace Safety Regulations
One of the easiest ways to prove that a railroad company is liable for your injuries under FELA is to establish that your injuries were caused by the railroad's violation of some federal workplace safety regulation that protects railroad employees. One such law is the Federal Railroad Safety Authorization Act of 1994. In addition, Occupational Safety and Health Administration (OSHA) safety standards and regulations apply to work done by railroad employees.
FELA Lawsuit Chronology
If you are a railroad employee and you were injured on the job, you may be a little unsure of what to expect when you file a claim under the Federal Employers' Liability Act (FELA). A lawsuit is complicated, and it can be full of unpleasant surprises and frustrating delays. While every lawsuit is different, there are some general similarities common to all civil suits, including FELA claims. This article provides a chronology of how a lawsuit generally proceeds.
FELA - What To Do If You Are Injured
The events that occur immediately after any workplace injury are often the most critical to the rights of the injured employee, and claims under the Federal Employers' Liability Act (FELA) are no different. If you or a loved one was injured while employed as a railroad worker, speak to a FELA attorney to learn the steps and precautions you should take after the incident to ensure that the right to recover compensation under FELA is not compromised.
FELA Resource Links
Federal Railroad Administration
From the U.S. Department of Transportation, this site includes information on railroad development, safety and legislation.
National Transportation Safety Board
A government agency that is concerned with transportation safety issues and investigating the causes of railroad, aviation, marine and pipeline accidents.
National Labor Relations Board
An independent federal agency concerned with representation, investigation and remedies for unfair labor practices by employers and unions.
Association of American Railroads
A trade association for the railroad industry in the U.S. This site contains information presented from an industry perspective.
U.S. Department of Labor
The Department of Labor administers a variety of federal labor laws and helps workers and retired persons by improving working conditions and protecting retirement and health care benefits, among other things.
U.S. Railroad Retirement Board
An independent government agency dedicated to administering comprehensive benefit programs for the nation's railroad workers and their families.
