Workers Compensation Attorney
Mobile, Alabama
FELA Information
The Federal Employers Liability Act (FELA) was passed in 1908 to allow railroad employees the right to recover workers compensation if injured in a railroad accident. FELA is still in effect today and allows injured employees to sue companies for medical expenses and treatments, pain and suffering, partial or permanent disability, and future wage loss for injuries incurred on the job. FELA allows monetary payouts for pain and suffering decided by juries based on comparative negligence rather than a pre-determined benefits schedule under workers' compensation.
Unlike state workers' compensation law, it is the responsibility of the injured employee to take legal action against the railroad. FELA requires the injured person to prove that the company (or another railroad employee, contractor or agent) was at least partially "legally negligent" in causing the injury. If negligence on the railroad is proven, the injured railroader is entitled to full workers compensation, which can be much more substantial than regular state workers' compensation payouts.
Types of FELA lawsuits
There is an infinite number of ways one can be injured on a railroading job, but here are a few examples of cases that have been successfully brought to court through FELA.
- Bodily injury
- Solvent exposure cases resulting in brain damage or toxic encephalopathy
- Asbestos exposure diseases, such as mesothelioma
- Repetitive stress and cumulative trauma injuries
These injuries can happen suddenly or develop over long periods of time, from weeks to months to years. Railroad employees should note the time at which he/she became aware of the injury or illness as well as the exact dates of employment with the company. This will aid the FELA lawyers in preparing the case.
Who does FELA cover?
Nearly all of the workers employed by a railroad company are covered under FELA, even if the worker's primary duties are not performed in or around trains. Interstate passenger, freight carriers and local commuter rail organizations are covered by FELA. It is important to remember that rail workers are not covered under state workers' compensation laws which place the burden of compensation on the employer.
Why should I go through the hassle of suing?
Many injured railroad workers are intimidated by pursuing this legal process. Since 1908 railroad companies have paid out millions upon millions of dollars in lawsuits under FELA. Over the years the railroading industry has tried unsuccessfully to abolish or reform the FELA law. This Act is in place to help protect your legal interests. And FELA works.
Don't let your railroad injury go unreported! If you are injured on the job, file your FELA claim as quickly as possible through an attorney who is thoroughly familiar with the complicated FELA laws. Claims can be made directly to the company and may be brought as a suit in state or federal court.
If you've been injured on the job as a railway worker and would like to learn more about your rights, please contact our Alabama FELA workers compensation attorneys at the personal injury of Long & Waite, .Our experienced FELA attorneys will help you get the compensation you deserve.
