Federal Employers Liability Act (FELA) is a special act of congress passed in 1908(Century ago) to cover the large number of serious injuries and deaths that took place among railroad employees. The Law basically operates in two ways.
1. Offer fair compensation for injured workers. 2. Mandate railroad's duty to maintain safe working environment.
Safe working environment extents to;
1. Workers' tools 2. Equipments 3. Working conditions
Unlike a typical worker' compensation claim, compensation is not automatic in FELA. If the railroad employer failed to provide any of above, the employer is held responsible for any damages that result. Further more if the injury was caused due to negligent actions of a co-worker, the employer is responsible. It is always wise to consult with an experienced FELA attorney as soon as injury occurs, to increase chances to win the case.
These monetary compensation packages awarded to railroad employees who;
-Are injured while working -Sustain their injuries due to the negligence or recklessness of an employer (Included fail to provide proper working environment), fellow employee or equipment manufacturer. -File their FELA lawsuit within three years of the injury.
Why FELA?
Even though FELA is not automatic, FELA can offer higher compensation than states ' traditional workers' compensation laws. But it will take more time and effort to get the compensation. Please consult an experienced lawyer.
Types of injuries typically compensated under FELA include (but aren't limited to):
- burns - disfigurement - back, head and neck injuries - dislocations or sprains - fractures - loss of limb - permanent disability - traumatic brain injury - electrocutions - broken bones
You can claim for following.
- hospital bills - Past wages and future earning capacity - Pain and suffering - ongoing costs of treatments (including long-term rehabilitation) - permanent disabilities - pain and suffering
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