What is comparative negligence under FELA?

FELA uses a comparative negligence standard, meaning an injured railroad worker can still recover compensation as long as they are not 100% at fault. If your own mistake partially contributed to the accident, you may still sue the railroad and recover damages, but any compensation awarded would be reduced by your percentage of fault.

What must an injured railroad worker prove to recover under FELA?

Unlike no-fault workers’ compensation, FELA requires injured workers to show that their injury was caused in whole or in part by negligence, such as employer negligence, a co-worker’s negligence, a hazardous work environment, or defective or unsafe equipment. The burden of proof under FELA is lower than in a traditional negligence lawsuit.

What legal duties do railroads have under FELA?

Under FELA, railroad employers are legally required to provide a reasonably safe work environment, regular inspections to identify and correct hazards, safe and effective tools, equipment, and safety devices, proper training, supervision, and assistance, protection from intentional harm by supervisors or employees, and enforced safety regulations. If a railroad fails in any of these duties and that failure played any role, no matter how small, in causing an injury, the worker may be entitled to compensation.

What damages are available under FELA?

FELA compensation may include medical expenses, past and future lost wages, pain and suffering, emotional distress, disability-related losses, and loss of quality of life.

FELA Railroad Accident Lawyer | Free Consultation

FELA Railroad Accident Lawyer

Railroad work is among the most dangerous professions in the country. Engineers, conductors, brakemen, and other railroad employees face serious risks from defective equipment, unsafe work conditions, fatigue, and employer negligence. When a railroad worker is injured on the job, the Federal Employers’ Liability Act (FELA) provides the right to pursue compensation beyond standard workers’ compensation benefits. Wettermark Keith’s FELA railroad accident lawyers have decades of experience representing injured railroad workers nationwide. We fight to recover compensation for medical expenses, lost wages, pain and suffering, and long-term disability. If you were hurt while working on the railroad, we are ready to protect your rights and pursue the justice you deserve.

Injured in a Railroad Accident? Call Wettermark Keith to Speak With Experienced FELA Attorneys

Since the 1860 unveiling of the Transcontinental Railroad, Americans have relied on the railway system to fortify our economy and maintain a culture of convenience. Today, railroads crisscross the United States, transporting coal, cars, produce, and people alike. Maintained by an army of tireless workers, the railway system is key to powering our homes and putting dinner on the table. Unfortunately, those who choose to work in this important industry face regular life-threatening hazards and dangerous conditions.

Railroad employees rival construction workers in enduring some of the most dangerous working conditions in the country. Conductors, engineers, brakemen, baggage handlers, and other railroad employees are often required to deal with hot metal surfaces, engine fires, explosions, faulty equipment, and hazardous substances. The results of these conditions are sobering; railroad employees are more than twice as likely to die on the job as the average American worker.

Despite an increase in automation, recent employee shortages in the railroad industry have required workers to put in more shifts. The resulting fatigue and strain on the body directly contribute to continuously high injury rates. Approximately 2 in 100 railroad workers suffer an injury on the job. Furthermore, the heavy lifting and repetitive movements required by the job place strain on the back and joints, causing many workers to suffer long or short-term injuries.

Wettermark Keith’s top personal injury lawyers have over three decades of litigation experience fighting for the rights of injured railroad workers. Not all law offices are equipped with the knowledge and resources needed to handle these high-profile cases, which is precisely why you need the help of our seasoned FELA railroad accident lawyers. We are committed to providing the expert representation you need, and we won’t back down until we secure the compensation you deserve.

Since the FELA was passed in 1908, personal injury lawyers specializing in FELA cases have battled railroad companies attempting to save money by depriving injured railroad workers of the compensation they desperately need. Our attorneys have seen horrific injuries, and are well aware of the stress a family is placed under when its main breadwinner is stripped of their ability to provide. Railroads have their own best interests in mind. They will fight tooth and nail to deny wrongdoing and blame the injured party, hoping to avoid paying out substantial monetary damages.

At Wettermark Keith, our seasoned FELA lawyers have the skills and experience needed to take on these large companies. Our attorneys utilize their legal expertise to make each case a success story. Each of our attorneys takes pride in representing each and every client with respect and compassion.

If you have been injured or lost a loved one in a railroad accident due to the negligence of a railroad company, contact our FELA injury lawyers today. Together, we can seek a financial compensation figure for you and your family that will continue to provide long after the case is over.

Comparative Negligence Under FELA

The Federal Employers’ Liability Act (FELA) uses a comparative negligence standard. This means an injured railroad worker can still recover compensation as long as they are not 100% at fault for the injury. Even if your own mistake partially contributed to the accident, you may still sue the railroad and recover damages. Any compensation awarded would simply be reduced by your percentage of fault. Unlike no-fault workers’ compensation, FELA requires injured workers to show that their injury was caused in whole or in part by negligence, such as:

Employer negligence
A co-worker’s negligence
A hazardous work environment
Defective or unsafe equipment

Importantly, the burden of proof under FELA is lower than in a traditional negligence lawsuit.

For a free legal consultation with a fela railroad accident lawyer,
call (833) 588-9009 today

A Railroad’s Legal Duties Under FELA

Railroad employers are legally required to provide:

A reasonably safe work environment
Regular inspections to identify and correct hazards
Safe and effective tools, equipment, and safety devices
Proper training, supervision, and assistance
Protection from intentional harm by supervisors or employees
Enforced safety regulations

If a railroad fails in any of these duties and that failure played any role, no matter how small, in causing an injury the worker may be entitled to compensation.

Damages Available Under FELA

FELA compensation may include:

Medical expenses
Past and future lost wages
Pain and suffering
Emotional distress
Disability-related losses
Loss of quality of life

Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started

Frequently Asked Questions

What is the Federal Employers Liability Act (FELA)?

The Federal Employers Liability Act (FELA) provides the legal basis for railroad workers injured at work to recover damages from their employer. A “comparative negligence” principle – based on the percentage of negligence each party is liable for – determines the amount awarded to the injured worker.

FELA claimants can choose to sue for damages in state or federal court. Furthermore, the compensation awarded to injured workers in these cases tends to be far greater than those received from workers’ compensation claims. While FELA and workers’ comp claims both provide for medical treatment and wage loss, workers’ comp only acknowledges physical injuries, while FELA claimants are issued compensation for past and future pain, suffering, and emotional distress.

WHAT IS THE FMLA?

In 1993, the Family Medical Leave Act (FMLA) was signed into law to help employees balance their work and family responsibilities. This act provides eligible employees with up to 12 weeks of unpaid leave per year, with guaranteed access to workplace health benefits.

Employees are eligible to take FMLA leave if they work for a covered employer and meet the following criteria:

Have worked for their employer for at least 12 months prior to leave
Have worked a minimum of 1,250 hours over the 12 month period prior to leave
Work at an organization with a minimum of 50 employees within 75 miles
The FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Employees are entitled to take up to 12 weeks of unpaid FMLA leave in any of the following circumstances:
The birth and care of the newborn child of an employee;
Placement with the employee of a child for adoption or foster care;
To take care of an immediate family member (spouse, child, parent) with a serious health condition;
To take medical leave when the employee is unable to work because of a serious health condition.

How Is FELA Different From Workers’ Compensation?

Both Workers’ Compensation and FELA protect employees injured on the job, but they differ in critical ways.

Workers’ compensation is a state-based, no-fault system
FELA is a federal law that applies only to railroad workers engaged in interstate commerce
Under FELA, injured workers may recover significantly higher compensation, including pain and suffering
FELA requires proof of negligence, but offers broader damages than workers’ compensation

How Do I Know If I Have A Serious Injury Claim?

The timeline for resolving Depo-Provera lawsuits can vary depending on the specifics of your case and the legal process. Some cases may be resolved through settlements, while others may require litigation, which could take longer. Our attorneys are committed to moving your case forward as efficiently as possible, but we also aim to ensure that any settlement or court decision reflects the full extent of your injuries and damages. We will provide regular updates on the status of your case and work diligently to achieve the best possible outcome.

If you believe you were harmed by Depo-Provera, the first step is to contact our team for a free case evaluation. During this process, we will review your medical history and determine if your health issues are linked to the use of Depo-Provera. If you are eligible, we will file a lawsuit on your behalf. Our attorneys will handle all aspects of your case, including gathering evidence, negotiating with Pfizer, and representing you in court. Throughout the process, we will keep you informed and work tirelessly to secure the compensation you deserve.

History of the Federal Employers’ Liability Act (FELA)

In the late 1800s and early 1900s, railroad work was among the most dangerous jobs in America. Thousands of railroad workers were killed or permanently injured every year, often with no legal recourse or financial protection.

In 1908, Congress passed the Federal Employers’ Liability Act to address these dangerous conditions. FELA was designed to:

Improve railroad safety
Hold railroad companies accountable for negligence
Provide injured railroad workers with meaningful compensation

Despite opposition from the railroad industry, FELA remains federal law today and continues to protect injured railroad employees nationwide.

Common Railroad Worker Injuries

Even with modern safety regulations, railroad work remains extremely hazardous. Common injuries include:

Back, neck, and joint injuries from repetitive lifting and bending
Ligament and tendon injuries
Crush injuries
Head injuries and traumatic brain injuries
Broken bones and fractures
Burns and electrocution
Disfigurement

Many of these injuries develop over time due to cumulative strain, while others occur suddenly in catastrophic accidents.

Your Rights Under FELA

Under the Federal Employers’ Liability Act, injured railroad workers may be entitled to compensation beyond what workers’ compensation provides.

If your employer is even partially responsible for your injury, you and your family may recover damages for:

Lost wages
Loss of benefits
Disability pay
Medical expenses
Emotional pain and suffering
Scarring and disfigurement
Loss of quality of life
Funeral expenses (in fatal cases)
Past and future physical pain and suffering

You deserve time to heal and the financial resources to move forward.

How Long Will My Case Take?

This depends on a variety of factors. FELA cases tend to be a slow process, typically extending from about 6 months to a year, depending on the nature of the injury, complexity of the case, whether you require physical therapy, etc. Our FELA attorneys are always trying to secure compensation without litigation, but we are always ready to file a lawsuit if need be.

What Should I Do First?

Your first step should be to notify your supervisor of your injury. You should then seek immediate medical attention. When seeking treatment for your injury, be discerning in your choice of medical providers. One tactic railroads use to derail a worker’s case is requesting the worker be evaluated by a company doctor. These doctors will act in the railroad’s best interest, not yours, and might cause you major issues down the line. Make sure your doctor provides you with a treatment plan and documentation validating your injury. This is vital. Finally, reach out to a Wettermark Keith FELA attorney to help you defend your rights and hold your employer accountable for their negligence.

How Can A FELA Attorney Help Me?

Our FELA attorneys will reach out to your medical providers for your records and doctors notes, send regular medical status reports (MSRs) to keep the railroad off your back, gather your tax returns to calculate lost wages, and act as a legal negotiator and communicator while you focus on your recovery. Once you have recovered, we will work to obtain the compensation you deserve.

How much do Wettermark Keith railroad attorneys charge?

Our FELA attorneys operate on a contingency fee basis, meaning you will never pay by the hour or out of pocket. Any legal fees and associated costs will be collected from your winnings at the conclusion of the case. If your attorney is not able to obtain a verdict or settlement, you will not be charged anything for our effort.

How Much Compensation Am I Entitled To?

There are a variety of factors that determine compensation. These include pain and suffering, the nature and severity of the injury, and past and future wage loss. If your injury is severe enough that you can never return to work, compensation tends to be far higher to account for your future lost wages.

Will I Receive Disability Benefits?

Disability benefits are usually available to FELA claimants. Whether you receive total disability or occupational disability depends on your length of employment with the railroad and the nature of your injury.

What are the 3 most crucial steps after a railroad injury?

Reporting the injury to your supervisor and to HR;
Seeking medical care for your injury;
Hiring an attorney.

If I Get Injured on the Job and Die During My Case, What Will Happen to My Family?

If you die while your case is still ongoing, it will pass to your spouse and/or children. The case becomes theirs, and we continue to work with them in order to obtain a recovery for your estate.

What can I do to help my case?

You can help your case by compiling a list of witnesses and gathering all documentation relative to the incident. Furthermore, be mindful of your actions in public and what you post on social media (ex: mowing your lawn with an injured knee). Railroads will sometimes hire a surveillance team to monitor your actions. Also, make sure to follow your doctor’s orders and recommendations for treatment at all times.

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