Injuries often occur on worksites, especially high intensity sites like railroads. These injuries can range from minor to severe, and they can even be fatal in some cases. Injuries on worksites can occur while completing a work task during a shift and can result in long recoveries that lead to missed workdays and high medical costs. When this occurs, injured workers may qualify for workers compensation and other benefits. The Federal Employer’s Liability Act (FELA) covers the rights given to injured workers on the job.
Enacted in 1908, FELA has aimed to protect injured railroad workers for over a century. This law supports and compensates railroad workers from injuries they suffered during work. FELA is not a workers compensation act. To receive these benefits, there must be proof that the railroad displayed some type of negligence.
When determining negligence, it is crucial to understand duty of care. Duty of care involves the railroad’s responsibility to provide a safe environment and workspace to all its workers. When the railroad fails to provide this to their employees, they may be held liable for their injuries. The railroad will be considered negligent when a worker is injured because the railroad did not uphold their duty of care.
FELA aims to provide compensation and support to injured workers for injuries that occurred while on the job. FELA is different from workers compensation in many ways. In a FELA claim, the injured worker must prove that their employer was negligent and that the negligence of the employer was the cause of their injury. In a workers compensation claim, the injured party must only prove that the employer was negligent.
FELA can recover a variety of claims for damages. Damages recoverable from FELA include:
FELA can also recover compensation for several different kinds of injuries. Generally, these include:
Railroad occupations can be very dangerous. These jobs involve high-capacity machinery and harmful toxins. All railroad employers are required to maintain a safe environment for their employees. If you or a loved one has been injured on the job at a railroad, you may be entitled to compensation under FELA. The experienced lawyers at Goldstein and Bashner are here to help you recover what you deserve. Contact us today to schedule a consultation.