The FELA places liability on the railroads for on-the-job injuries or deaths sustained by their workers and caused, in whole or in part, as a result of the railroads negligence or the negligence of its employees. As an employee injured while working for a railroad engaged in interstate commerce, you are NOT eligible for Workers’ Compensation. The FELA is your ONLY remedy provided under the law.
Even if your own negligence contributed to your accident, you may still have a case against the railroad. Negligence of the injured worker can only reduce the amount of monetary damages, not defeat the claim altogether.
Often, railroads try to get rid of injured employees by pressuring them into taking disability retirement or partial compensation. Under FELA law, you cannot be forced into retirement if you are physically able to do the work.
Railroads hire claim agents to negotiate with injured employees and their families. The agent’s goal is NOT to help you receive fair compensation – it is to protect the railroad management’s interests and to save money for the railroad. A claim agent does not always have your best interests in mind. It is your responsibility to protect yourself. We can help protect you.
The Railroad CANNOT, under penalty of law, fire you for hiring an attorney. They may attempt to discourage you from hiring one in order to protect their own interests, but you are protected by the FELA for your right to seek legal representation. Additionally, federal law prohibits harassment or intimidation in the reporting of injuries. We will not tolerate any harassment of any employee seeking to enforce his or her rights under the FELA.
- Lost wages
- Future lost wages, if unable to return to work
- Unpaid medical expenses
- Past and future damages for pain, suffering, loss of enjoyment of life
- In the case of death, your family may recover loss of economic benefits and compensation for pain and suffering.
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