Federal Employees Liability Act FAQ
Federal Employees Liability Act FAQ may be important in assisting an individual with questions they may have surrounding their ability to receive workers’ compensation. The Federal Employers Liability Act (FELA), offers protection to railroad employees who are injured at work. While this statute allows railroad employees to recover substantial economic compensation for their injuries, know that it is critical to comply with requirements and meet the burden of proof to successfully obtain a recovery.
Fortunately, many Federal Employees Liability Act FAQ have straightforward answers. Additional questions may be answered through a conversation with an experienced FELA lawyer about a potential claim under the Federal Employees Liability Act. Read on to learn the answers to more Federal Employees Liability Act FAQ, as well as the ways a skilled attorney could offer you their assistance today.
Does FELA Operate Like Workers’ Compensation?
While FELA provides a means for injured workers to receive compensation just like workers’ compensation insurance, there are some important differences. FELA is a statute giving railroad employees the opportunity to file negligence claims against their employers. This means that employees must prove their injuries were at least partially due to negligence on the part of the railroad company. In workers’ compensation claims, employees do not have this burden of proof. However, damages recovered under FELA may be substantially more than those recovered in traditional workers’ compensation claims.
What Damage Awards are Available from a FELA Claim?
An injured railroad worker may be entitled to a compensatory damage award to cover many economic expenses as well as intangible consequences. Economic damages could include one’s lost wages, medical expenses, and future diminished earnings. Injured workers may also be entitled to receive non-economic damages for their pain and suffering and emotional distress experienced as a result from their injuries.
Does the Act Allow Employees to File a Claim for Injuries Incurred in an Office Setting?
Generally, most railroad company employees are covered under FELA when they are injured during employment, even if their jobs do not involve working around trains or other dangerous equipment.
Is it Necessary to Hire an Attorney if a FELA Claim is Filed Directly with the Employer?
There are several advantages to working with lawyers experienced in handling claims under the Federal Employees Liability Act. To begin with, a knowledgeable injury attorney could ensure that deadlines are met and that all required paperwork is properly submitted within the statute of limitations period. Specifically, the time limit on FELA cases is three years from the date of the injury—or, in the case of long-term injuries such as carpal tunnel syndrome, three years from the date when the employee first notices the injury.
In addition, a FELA lawyer could advise an employee of all their applicable rights and fight to maintain those rights if necessary. Also, as a professional advocate on behalf of injured employees, a lawyer with FELA experience may be in the best position to negotiate the optimum settlement with railroad representatives and corporate attorneys.
In What Ways Can a Railroad Employer Be Found Negligent?
Railroad employers are responsible for providing their employees with a reasonably safe workplace. That general responsibility includes a number of specific duties, such as:
- Adequately training, supervising, and assisting employees
- Enforcing safety regulations
- Providing proper functioning equipment and tools
- Providing an environment free from avoidable hazards
- Refraining from unreasonable work demands and quotas
When faced with a FELA claim, a railroad employer may argue that the employee’s own negligence contributed to their injury. Even if that is found to be the case, the railroad can still be required to pay substantial compensatory damages.
What is a Personal Injury Report and How is it Used?
A personal injury report is a statement regarding an injury that is vitally important to every FELA claim. In this report, the employee must describe how the injury occurred as well as any defects that led to the injuring incident. In order for a claim to be successful, the injury report should establish that an unsafe condition existed that directly caused the injury. The report should include as much pertinent information as possible because the document will be considered as important evidence by examining lawyers, agents, judges, and others. If possible, the report should be reviewed by legal counsel, a union representative, or other professional familiar with the use of personal injury reports in FELA claims.
Where to Find Additional Federal Employees Liability Act FAQ
An attorney who understands FELA and has experience handling claims under the act could evaluate the circumstances involved in a railroad injury and advise an employee about their options for seeking recovery. Call now to learn more Federal Employees Liability Act FAQ so that you may be able to protect your rights and obtain the maximum compensation to which you are entitled.
