The subject of the Federal Employees’ Liability Act (FELA) and recovery of damages for injured railroad employees is complex and confusing. It generates many questions among injured railroad employees and their families. Below, we briefly answer some of the most common questions we receive about this topic.
FELA stands for the Federal Employees Liability Act which is a federal law that protects employees of railroad companies by holding the companies responsible for their failure to maintain safe working conditions. The act allows injured railroad employees to bring lawsuits against their employer when the railroad’s negligence resulted in injuries.
Any injury incurred on the job while working for a railroad and was caused by the railroad’s failure to maintain a safe work environment. Injuries in FELA cases run the gamut from traumatic injuries like broken bones to repetitive stress injuries like carpal tunnel syndrome. They also include injuries and illness resulting from exposure to dangerous substances and aggravation of previous injuries.
An injured railroad worker has the right to bring a lawsuit against his or her employer to recover damages resulting from an injury the employer is liable for. Injured employees also have the right to be represented by a lawyer of their choosing and receive the best medical care possible by choosing their own medical care provider.
No. You do not. Although railroad reps and claim agents often mislead injured employees to believe they have to use a company doctor, this is not the case. Injured railroad workers, unlike employees of other industries covered by Worker’s Compensation, are free to choose their own medical providers and have a right to confidentiality with those providers -- railroad companies are not entitled to copies of medical records as other employers are in a Worker’s Compensation case.
There are several major differences between FELA and Worker’s Compensation:
Under FELA injured workers must file a lawsuit against an employer to recover damages, under Worker’s Compensation they do not -- in fact, they cannot
FELA requires an employee to show that the employer is liable in order to recover damages while Worker’s Compensation pays out regardless of blame as long as it can be shown that the injury was caused on the job
FELA allows for recovery of pain and suffering and other non-economic damages, Worker’s Compensation does not
Worker’s Compensation requires injured workers to initially seek treatment from employer-approved doctors, FELA does not
Worker’s Compensation limits the damages that can be recovered to medical costs and a portion of wages lost to the injury, but FELA allows for recovery of all damages, including all lost wages and non-economic damages
When railroad workers get injured, they are required to report the incident promptly to their employer. Although it is not required by FELA and should only be done with the assistance of an attorney, it is common to also fill out a Personal Injury Report. No other written or recorded statement is required by the law and injured employees should not make any statements to employers, claim agents or anyone other than their treating physician without first consulting with an attorney. Written and recorded statements, including a Personal Injury Report, can affect the outcome of a case, and usually it is not favorable to the injury victim.
In order to recover damages from an employer, an injured employee and his or her attorney must prove the following:
The employee was injured and suffered damages
The injury occurred on the job while working for his or her employer, who is a railroad company engaged in interstate commerce between two or more states and, therefore, covered by FELA
The injury resulted at least in part from the employer’s negligence or failure to provide a reasonably safe work environment
Injured railroad employees can recover all damages incurred, just as with most other personal injury lawsuits, including:
All past and future medical costs, including treatment, services, mechanical aids, and medications
All lost wages and lost future earning potential
Pain and suffering
Loss of consortium or loss of society
Emotional anguish
Compensation for disfigurement or scarring
Compensation for disabilities, both temporary or permanent
Yes. As long as the employer railroad was at least partially responsible for causing the injuries, an injured railroad worker can recover damages. However, the final damages awarded will be reduced proportionally to the employee’s contribution to the injuries. So, if an employee was 20% responsible for injuries with a total value of $100,000, the employee won’t be awarded more than $80,000.
Absolutely. Although hiring an attorney is not required by law, an experienced attorney is much more likely to recover the full value of damages in a FELA case because they understand the law and the tactics that railroads and defense attorneys use to avoid paying out more money than they have to. A lawyer assists in putting together a strong case and protecting the rights of injured employees.
In Michigan, the personal injury firm of Sachs Waldman, P.C., fight for injured railroad employees by protecting their rights when injured on the job and recovering the maximum damages possible. If you or a loved one was injured or killed while working for a railroad in Michigan, call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.
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