FELA Railroad Accidents

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.