If you’re a railroad worker who suffered injuries, it’s important to understand your rights under the Federal Employers’ Liability Act (FELA). FELA protects railroad employees by compensating for work-related injuries caused by employer negligence. Still, seeking compensation can be challenging and time-consuming, especially when dealing with all the effects of an injury.
What Is the Federal Employers’ Liability Act?
FELA was enacted in 1908 in response to the hazardous conditions faced by railroad workers. At the time, the railroad industry was one of the driving sectors of the American economy, but the dangerous working environment led to frequent injuries and fatalities. Unlike the workers’ compensation laws and programs that followed, FELA was designed specifically to provide railroad workers with legal recourse for injuries caused by their employers’ negligence.
FELA differs from workers’ compensation in several key ways. Workers’ compensation is a no-fault system that provides automatic benefits for job-related injuries, regardless of who was at fault. Under FELA, however, injured railroad workers must prove that their employer’s negligence caused or contributed to their injury. While this is a more challenging standard, FELA also allows workers to recover greater compensation, including for pain and suffering, unlike workers’ compensation, which typically offers limited benefits. This distinction makes FELA a powerful tool for railroad employees seeking fair compensation for workplace injuries.
Who Is Covered by FELA?
FELA covers railroad employees who work for interstate railroad companies, including those involved in maintenance, construction, and train operations. This includes engineers, conductors, track workers, signal maintainers, and other workers whose duties contribute to the functioning of the railroad. To qualify for FELA protection, the worker must be employed by a railroad company engaged in interstate commerce. Independent contractors and non-railroad employees are generally not covered by FELA. If a worker’s injury was partly caused by employer negligence, unsafe working conditions, or faulty equipment, they may pursue a compensation claim under FELA.
A 1939 amendment to the FELA means that the legislation covers nearly all railroad workers. Engineers, conductors, brakemen, and machinists are apparent candidates for individuals covered by the FELA. However, the measure also protects workers who operate trains across state lines, those handling freight and cargo, and even office workers, contractors, and temporary workers employed by a railroad company. Thanks to the FELA, clerical workers are protected and compensated for on-the-job injuries.
Compensation Under the Federal Employers’ Liability Act
FELA is separate from workers’ compensation. Workers’ compensation insurance programs offer limited benefits, typically medical expenses and a portion of the injured worker’s lost wages. However, FELA can help fully compensate an injured railroad worker when the employer’s negligence contributed to the incident.
Under FELA, you could recover compensation for the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Disfigurement
- Pain and suffering
Determining the value of a FELA claim can be challenging and depends on the severity of the injury and the nature of the accident. It is in your best interest to consult an experienced North Dakota railroad attorney who can review your situation and calculate the overall value of your claim.
You also have limited time to file a case against your employer, which is another vital reason you must contact an attorney as soon as possible. The FELA gives you three years to file a case from the accident, injury, or illness date. Missing this legal deadline means you may be unable to pursue maximum compensation.
Contact Our Railroad Accident Attorneys in North Dakota
Before you engage with a well-trained FELA claim department staff member working on behalf of your employer, talk to an attorney with Pringle & Herigstad, P.C., about your legal options. Contact our office now and request a free case evaluation.
