Railroad work is still one of the most dangerous jobs in the country. Railroad workers are at a high risk of injury and even death.

Created by Congress back in 1908, the Federal Employers Liability Act, also know as FELA, was created to give railroad workers rights not covered by workers’ compensation. 

FELA gives railroad worker the ability to sue companies for personal injury and wrongful death claims and gain compensation for pain and suffering, which is decided by a jury and based on comparative negligence.

Comparative negligence refers to the degree of fault for the accident. Even if the accident was only partially the railroad company’s fault, perhaps they did not provide adequate safety training, or used supplied faulty equipment, then they are then partially liable for the injuries. If the railroad company is found to be 50% at fault for the accident, they will owe the railroad worker 50% compensation for the accident.

Workers’ Compensation, on the other hand, will cover the worker, regardless of who caused the injuries and accident.

A railroad worker must prove to the jury that the company was, at a minimum, partly legally negligent and responsible for their injuries in order to gain full compensation.

Due to the nature of railroads being interstate transportation systems, FELA cases are heard at both the state and federal court level.

Examples of railway accidents include:

• Derailment
• Railroad crossing malfunctions
• Boiler accidents
• Mechanical failures
• Train collisions
• Excessive train speeds
• Railway hazards
• Slip and falls

Compensation may be collected for the following:

• Lost wages as well as lost future earning potential
• Insurance coverage
• Medical expenses
• Pain and suffering
• Life-long injuries
• Disfigurement

For more information about filing a FELA claim, send us a message.