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Many railroad employees fail to understand that they are not covered by worker’s compensation until after they are injured and at a loss for what to do. Injured railroad workers are covered under the Federal Employers’ Liability Act, also known as the FELA. Under this special federal legislation, a railroad worker that is injured in the workplace must prove that the railroad was negligent in providing a reasonably safe work place or the proper equipment needed to carry out the job before recovering any damages from the railroad. The FELA can be very confusing for injured workers and their families to understand. If you have suffered a severe injury while on-duty at the railroad, or if you have lost a loved one in a railroad accident, an experienced FELA Attorney at Whittel & Melton can help you get started on the road to recovery.
Understanding the FELAThe Federal Employers’ Liability Act was passed by Congress in 1908 to provide railroad employees and their families with the right to seek compensation if injured or killed in a railroad accident. Under this law, railroad employees are guaranteed a safe work environment, and should they become injured while on duty, they have the right to recover compensation for lost wages, medical costs, pain and suffering, and partial or permanent disability. If an employee is killed in a railroad-related incident, surviving family members are eligible to receive financial damages for the wrongful death of a loved one.
The FELA obligates railroads to provide employees with a safe work place, which means it must provide workers with safe equipment and tools. Moreover, if a railroad fails to live up to its responsibility and provide adequate safety measures, or if a railroad worker is injured through the carelessness of another employee, the railroad can be held liable for any damages the worker suffers. The FELA compensates workers who are injured because of the following:
Under the FELA, injured workers can recover damages when the railroad has violated the Safety Appliance Act and Boiler Inspection Act. Under the Safety Appliance Act, the railroad has strict liability if an incident arises from defective appliances. When this is the case, the injured worker does not have to prove any negligence in order to recover financial compensation from the railroad.
The Boiler Inspection Act requires the railroad to make sure trains and tenders are in proper working condition and safe for use. Any violation of this Act imposes strict liability on the railroad, meaning negligence does not have to be proved in order for the railroad to be held responsible for all damages.
HOW TO PROTECT YOURSELF AND YOUR RIGHTS WHEN INJURED ON THE JOB:FELA cases have a three-year statute of limitations, which means that your case must be brought within three years of the date of the injury, or your rights to compensation will be lost permanently. Occasionally, certain situations warrant exceptions to this three-year deadline. An attorney experienced in handling FELA cases can help you determine the best course of action.
A Railroad Accident & Injury Lawyer at Whittel & Melton can make sure railroad companies are held accountable and that your rights are protected under the law. We work with investigators familiar with the railroad industry and other support staff who know railroad operations and practices inside and out. If you or a loved one is a railroad employee who has been injured on the job, contact a FELA Attorney at Whittel & Melton for a free and confidential consultation today online or call us statewide and toll-free at 866-608-5529.
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