The Fela - How It Protects Rail Workers Hurt on the Job

THE FELA - HOW IT PROTECTS RAIL WORKERS HURT ON THE JOB Railroad workers who work in interstate commerce are not covered by worker's compensation -- they are covered by the Federal Employer's Liability Act (FELA). The FELA was originally enacted by the U.S. Congress in 1908. The FELA is much better than worker's compensation because it allows a worker to obtain a jury trial and to be awarded monies for medical expenses, lost wages, pain and suffering, for permanent impairment or scarring, without pre-set caps or formulas. On the other hand, a rail worker must show some fault or negligence on his employer in order to recover anything from the railroad.

The railroads have been trying for decades to have Congress repeal the FELA. Fortunately, Congress has never agreed. The FELA has successfully forced the railroads to (eventually) eliminate most asbestos from their workplaces, to re-design workplace switches due to injuries to brakemen/conductors, start hearing loss programs, control ballast rock dust to prevent silicosis disease, and the list goes on. Does anyone believe the big railroads would take these actions as quickly if they had caps on damages, no jury trials, and a typical worker's compensation scheme?

Should you handle such a claim yourself, instead of hiring an attorney? Based on simple statistics — which show that railroads pay a large majority of annual settlement monies to workers who have attorneys, the answer is an obvious "no". Besides these statistics, a worker should consider the fact that a railroad claim agent is probably consulting with the railroad's own attorneys and claims supervisors "behind the scenes" every step of the way about what to do to minimize the monies that are paid to a worker who does not have a lawyer. Think of it this way: if you want to move a locomotive, you use an experienced engineer. Likewise, if you want to handle your legal claim properly, you hire an experienced FELA lawyer, one selected as a "designated attorney" by a rail union, based on prior experience. We are available to answer any questions you may have and provide an initial free legal consultation. It is important that you protect your rights and retain our firm as early as possible after you are injured in an accident.