Employers across all businesses are responsible for keeping their workers safe and unharmed while on the job or performing job-related duties. Some industries, like construction and utility work, can pose greater dangers to workers.
High-risk industries and jobs are held to stricter safety guidelines. Owners of high-risk businesses are held to even higher standards of conduct.
The Federal Employers’ Liability Act (FELA, code 45 U.S.C.S.) is one example of a federal law passed to protect workers in high-risk industries. FELA is specific to the railroad industry and primarily functions to maintain the rights of railroad employees injured on the job or while performing job-related duties.
If you want to file a workers’ compensation claim and recover the money and benefits you are entitled to after a workplace injury, one of our seasoned lawyers can help. To speak with one today, you can reach out to Schwartzapfel Lawyers by calling 1-516-342-2200 or visit us online today.
What Is The Federal Employers’ Liability Act (FELA)?
When an employee is injured on the job or while performing job-related duties, they can usually file a workers’ compensation claim to get benefits for their losses. However, the workers’ compensation system has its limitations. Be sure to consider your local state workers’ compensation laws.
FELA was passed to provide railroad workers with more coverage than they would receive under workers’ compensation.
FELA was passed in 1908 amidst the height of labor reform in the United States. Not only did it work to ensure that railroad workers’ received necessary coverage, but it also helped pave the way for labor rights in the country.
For more information about FELA and other labor laws and regulations, you can contact the award-winning firm of Schwartzapfel Lawyers by calling 1-516-342-2200 now!
What Is Covered By FELA?
Due to the inherent risks associated with the railroad industry, railroad workers are particularly vulnerable to a wide range of losses.
Because of this, FELA provides coverage for many different types of damages that railroad workers may suffer. In contrast, workers’ compensation offered by railroad companies often only covers injuries and lost income. Under FELA, however, workers have the opportunity to seek compensation for numerous other types of damages.
For instance, examples of items covered under FELA include but are not limited to:
- Any physical injuries a worker suffers while on the job.
- Injuries, physical complications, or pain caused by repetitive motions while engaging in job-related tasks, such as lifting heavy objects.
- Occupational diseases such as lung cancer from inhaling toxic fumes or chemicals.
- Worsened pre-existing conditions caused by working in certain conditions or performing certain tasks.
- Medical expenses for past and future injuries or health complications.
- Lost wages due to injuries or health problems.
- Long-term impairment and disability.
- Emotional distress or mental health problems related to the job.
- Support families if a worker dies due to job-related injuries or health problems.
FELA covers all types of damages, including emotional distress and long-term impairment. As with other types of claims, documentation for injuries and losses must be provided before any damages can be claimed.
The right law firm can help you assess the damages in your FELA case. For a better idea of what coverage you may be eligible to receive under FELA, discuss your claim with a member of our experienced team at Schwartzapfel Lawyers. Call 1-516-342-2200 now to speak with a knowledgeable FELA lawyer at no charge!
FELA Claims: Important Steps
Filing a claim under FELA is not much different than filing a workers’ compensation claim. However, while workers’ compensation claims do not always require proof of liability, FELA claims do.
FELA claims primarily involve negligence as the cause of a personal injury and often hold employers at greater responsibility for losses. FELA settlements can also be a lot larger than workers’ compensation settlements.
To strengthen their claim, an injured employee should take certain steps, including but not limited to:
Proving Negligence
All employers are legally responsible to maintain the safety of their workers. Most of these guidelines are outlined by the Occupational Safety and Health Administration (OSHA). Common farrier safety regulations vary from industry to industry.
If a railroad employer does not abide by these rules, this is considered comparative negligence, and they can be held responsible for accidents or losses that occur as a result of their actions. Similarly, contributory negligence is when an employer knowingly neglects to maintain a safe environment and omits this information.
To receive compensation under FELA, injured workers’ must provide extensive evidence of negligence and prove their employer was at fault for damages.
FELA was not only passed to compensate injured railroad workers for injuries. It was also passed to hold the railroad industry to safety regulations.
While proving negligence can be tricky, it is very important to understand the guidelines employers are held to. These may include providing workers with proper safety equipment or regularly inspecting the worksite for hazards.
Gathering as much information as possible about an accident or the conditions on a worksite can help link employer negligence with injuries and losses.
Recovering the right evidence can be difficult or almost impossible to do on your own. Luckily, one of our veteran FELA lawyers at Schwartzapfel Lawyers can help. Get in contact with one today by calling 1-516-342-2200 or by visiting us online. It will be our honor and privilege to fight — and win — for you!
Filing Your Claim
Building a strong case before filing any claim is important. Still, it’s even more important to ensure that your claim is filed correctly and your rights are maintained.
Make sure you do the following before filing a claim under FELA:
- Report your injuries as soon as possible or as soon as you discover them. A medical professional must review you after any accident or if you suspect any work-related illnesses or physical damages.
- File your claim within the statute of limitations. For FELA claims, this is around three (3) years after the cause of action occurs or is discovered. While three (3) years is plenty of time to file a claim, we suggest you file as soon as possible.
- Hiring the right FELA lawyer is the best way to protect your rights. An experienced lawyer can help you build your case and stand up against a negligent employer. Many lawyers offer free consultations for FELA cases.
Taking the proper steps when filing a claim can prevent an opposing party from trying to deny or discredit your suffering and/or losses.
A knowledgeable member of the legal team of Schwartzapfel Lawyers can help you file your claim and will fight to ensure you receive the money and benefits you deserve. One call today could save you miles of headache, heartache, and financial strain down the road.
Over the years, we have successfully assisted countless clients with their FELA and workers’ compensation claims. To speak with a skilled lawyer today at no charge, call 1-516-342-2200 now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Workers’ Compensation Benefits | New York State Workers’ Compensation Board
Federal Employers Liability Act – FELA Law | HG Legal Resources
Railroad Worker Injuries and FELA Claims | Nolo Legal Encyclopedia
About the Federal Employers’ Liability Act | Brotherhood of Railroad Signalmen
