The Federal Employer’s Liability Act is a federal law that provides for benefits to workers’ who are injured on or around trains engaged in interstate commerce. If you have questions concerning an Railroad injury sustained by you or a family member while working on or around trains engaged in interstate commerce, please contact the Railroad Injury attorneys at the Barnes Law Firm,LLP at 800-494-1514 or local 713-234-1620 to for a free initial consultation to discuss your rights.
The United States Congress enacted the Federal Employer's Liability Act (FELA) in 1908. FELA provides benefits to railroad workers who suffer job-related injuries or illnesses. FELA is not a traditional "workers compensation" scheme. FELA gives railroad workers the authority to sue their employers (if the employer was in some way at fault) to obtain compensation for their injuries or illnesses. However, FELA has some traditional workers' compensation aspects as it requires employers to pay their injured or ill workers "maintenance and cure" benefits regardless of fault or the pendency or outcome of any lawsuit. Maintenance and cure benefits include medical expenses and a percentage of lost wages. Maintenance and cure benefits do not provide compensation for an employees' physical pain and suffering and mental anguish.
A railroad employee may be able to recover compensation for their injuries if they can establish three elements:
- The incident that caused the workers injury or illness occurred in the course and scope of the workers' employment with the railroad;
- The railroad is engaged in "interstate commerce," i.e. must operate or service at least two states;
- The railroad somehow caused or contributed to the worker's injury or illness.
If the railroad employee successfully establishes the elements of his claim, he may be entitled to the compensation for the following:
- Physical pain and suffering (pre and post-lawsuit);
- Disability (pre and post-lawsuit);
- Medical expenses (pre and post-lawsuit);
- Lost earnings (pre and post-lawsuit).
Family members of railroad workers who are killed on the job or who die as a result of an occupational illness or disease may also be entitled to compensation under FELA. The Estate of the deceased worker may be entitled to the damages listed above as well as reimbursement for funeral and burial expenses. The family members may be entitled to additional damages, such as loss of consortium and mental anguish.
Under FELA, injured or ill workers have only three (3) years from the date of the injury or the date they discovered the illness to file suit. A railroad worker may still file suit even if he was in some way at fault for his injuries or illness. Any damages award may be reduced based on his percentage of fault.
The Federal Employer’s Liability Act is a federal law that provides for benefits to workers’ who are injured. Because of the potential for a large settlement under the F.E.L.A. workers’ should consult with a lawyer if their injuries occurred on or around a train or train track. Contact the Barnes Law Firm,LLP if you are a Railroad worker who has suffered job-related injuries or illnesses for a free case evaluation.
At the Barnes Law Firm,LLP in Houston , Texas, we represent injured railroad workers in Houston, Texas, Missouri City, Baytown, The Woodlands, Pasadena, Channelview, Katy, Texas City, Laporte as well as those injured in Texas on or around trains engaged in interstate commerce . Contact the Barnes Law Firm,LLP to arrange a free initial consultation and evaluation of your Railroad Injury .
The Barnes Law Firm,LLP works strictly on a contingent fee basis and advances all upfront costs of a case which include, investigation, case development, litigation, expert witnesses and court costs. Those expenses, in addition to our fee, are deducted from the ultimate recovery. But if we are not successful in a recovery in your case, we absorb all costs and charge no fee.