FELA Railroad Injury Settlements
With thousands of miles of rail lines traversing the continental United States and growing miles of light rail tracks being built in our nation’s cities, it’s no wonder that an entire section of law exists to deal with railway law.
FELA, or the Federal Employees Liability Act, was enacted specifically to provide rights to railway workers or their survivors when the workers are injured on the job. Railway accidents happen frequently, caused primarily by the sheer volume of rail traffic in the United States.
According to recent reports, more than 12,000 railway accidents were reported in 2008. Although a staggering number, the number actually reflects a decrease in accidents of nearly 10 percent over the previous year.
Most users of the rail systems are heavy industrial users. Coal, construction supplies, and oil tankers are common cargo on the U.S. rail system. The value of the goods being transported has required the development of a solid framework of laws to deal with this area of transportation. A growing set of laws that provide for national uniformity are being developed to help ensure that situations are treated uniformly across the nation.
Recent cases and settlements of interest to those involved with FELA and Railroad Injury law are discussed in this section.
How Does FELA Differ From Workers’ Compensation?
FELA cases are subject to a three-year statute of limitations, which means that you must commence your action within three years of the date of the injury, or your claim will be forever barred. Also, it is important to note that although the worker's own negligence will not bar recovery, the amount of the award will be reduced.
One must be careful, however, not to confuse FELA with workers' compensation. In workers' compensation, the employee gives up the right to go to court in exchange for prompt payment of benefits according to a predetermined schedule. Although such payments are considerably less than what one would expect to recover in a lawsuit, there is no requirement of a trial for the injured worker to prove negligence or fault on the part of the employer.
FELA (Federal Employers Liability Act) cases may be brought in state or federal court. The decision of which forum to pursue depends on many factors and can be a critical component of your case. An attorney knowledgeable with FELA cases and the laws in your state will be able to determine the best course of action.
The Law Office of Harrington, Thompson, Acker & Harrington, LTD - Chicago FELA Attorneys
180 N. Wacker Drive, Suite 300
Chicago, IL 60606
(800) 828-5828
(312) 332-8811
Understanding FELA and Railroad Accident Injuries
In 2008, there were nearly 2,500 train accidents in the U.S., involving 27 fatalities. Illinois had the second highest number of accidents in the nation. The Federal Railroad Administration defines a train accident as an event involving on-track rail equipment that results in monetary damage to the equipment and track above a certain threshold. However, when all accidents/incidents involving railroads are reported, the number of accidents climbs astronomically to 12,480 for the year, with 796 fatalities and over 8,500 injuries.
Railroad worker injuries are governed by the Federal Employers' Liability Act (FELA).  FELA was enacted in 1908 to protect and compensate railroad workers for on-the-job injuries. State workers' compensation statutes followed shortly thereafter.
FELA requires the worker to prove negligence on the part of the railroad in order to recover. Recovery, however, is not limited to a schedule of payments based on the type of injury; rather, the worker is entitled to recover various damages, including:
- Past and future medical expenses
- Loss of earnings
- Loss of earning capacity
- Pain and suffering
- Emotional distress
The Law Office of Harrington, Thompson, Acker & Harrington, LTD - Chicago FELA Lawyers
180 N. Wacker Drive, Suite 300
Chicago, IL 60606
(800) 828-5828
(312) 332-8811
The Practice of Railroad Accident Law
While most American workers are covered under workers compensation carried by their employers, railroad industry workers are protected by FELA, the Federal Employers Liability Act. When railroad workers are injured on the job, they may file FELA claims to receive the compensation they deserve for their lost wages and medical expenses.
The history behind FELA is that this federal law was enacted in 1908 at a time when worker safety and rights were not considered important. But excessive negligence by railroad companies produced so many catastrophic accidents that Congress actually stepped in and took action on behalf of railroad workers.
FELA protection for injured railroad workers
Today FELA is an important legal mechanism that injured railroad workers and their attorneys can use to seek financial recovery for lost wages and expenses. While workers compensation is determined by state defined rules and regulations, juries decide FELA cases. And the amount of compensation generally exceeds typical workers comp benefits.
FELA awards are determined based upon comparative negligence, which means the percentage of negligence on the part of the employer versus the percentage of negligence by the worker. If for example the jury decides that the total damages for the case amount to $100,000 and the worker was 50 percent at fault, the worker receives half the money. If the worker was not at fault at all, then he or she can receive the entire jury award.
Among the most common accidents that injure railroad workers are the following:
- Fires and explosions
- Operating heavy machinery
- Slip and falls
- Exposure to toxic materials
- Crushing incidents
- Electrocutions
Common injuries resulting from railroad accidents
Railroad work often involves heavy lifting and operating heavy machinery, as well as exposure to hot steam, chemicals, and toxic substances. Workers can slip and fall from high places or on wet surfaces. The bottom line is that this dangerous work typically results in a very long list of injuries and maladies, including the following:
- Back injuries
- Spinal cord injuries
- Severe burns
- Traumatic brain injuries
- Knee injuries
- Lacerations
- Contusions and fractures
- Loss of limbs or eyesight
Some workers also experience hand and wrist injuries and muscle strain from doing repetitive manual tasks, and these injuries could also require medical treatment and therapy.
Consult our railroad accident attorneys today
If you or a loved one is injured as a result of a railroad job or railroad crossing accident, the attorneys at the Hershewe Law Firm, P.C. have the skill and experience necessary to take on the railroad companies and their insurers to get you the compensation you deserve.
The Hershewe Law Firm, P.C. understands railroad accident laws and how to use them to fight for you. Call 877-382-9734 or contact us online today for a free consultation about your case.
What Economic Damages are Available Under FELA?
FELA, which stands for the Federal Employer’s Liability Act, was established in 1908 in response to the large numbers of railroad injuries and deaths that went uncompensated at the time. FELA provides a mechanism for railroad workers to obtain medical treatment and compensation for injuries that result from their employer’s negligence or failure to protect their safety on the job. All railroad workers are covered, including those whose jobs do not put them in close proximity to trains. Unlike workers compensation, FELA only applies to railroad workers and only when an employer is negligently responsible for an injury. If the railroad is deemed to be at fault for the injury, then the railroad employee is entitled to compensation for:
• Lost wages resulting from the injury.
• Compensation for medical treatment necessitated by the injury.
• Damages for physical pain and emotional suffering, as well as for disfigurement and scarring.
• Limitations on future earning capacity.
• Death benefits to surviving family members for funeral costs, lost wages, and pain and suffering.
The value of the benefits one can receive under FELA will depend upon the severity of the injury, and the extent to which one is disabled or the amount of time their injuries prevent them from working. The economic damages awarded in a FELA lawsuit can also depend upon whether the injured party was at all to blame for their injury. FELA awards will be decreased in value by an amount that is consistent with the degree of responsibility for the injury.
This article was provided courtesy of the Philadelphia FELA lawyers of Cahill, Goetsch & Perry, P.C. Attorneys at Law, 800.654.RAIL (800.654.7245), who stand ready to assist railroad employees.
