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What are your rights under FELA

On Behalf of | Jun 16, 2020 | Workers' Compensation And FELA |

The Federal Employers’ Liability Act Federal Employers Liability Act (FELA) provides compensation and protection for injured railroad workers who are hurt or killed on the job. This federal statute, which applies to all railroaders, imposes certain duties and responsibilities on the railroad, such as:

  

    The Federal Employers’ Liability Act (FELA) provides compensation and protection for injured railroad workers who are hurt or killed on the job. This federal statute, which applies to all railroaders, imposes certain duties and responsibilities on the railroad, such as:

    • To provide a safe place to work for its employees
    • Exercise reasonable care for workers’ safety
    • Ensure workers have proper safety devices, equipment and tools to do their jobs
    • Devise safe methods for workers to carry out job duties
    • Facilitate safe operations
    • Inspect premises for safety hazards
    • Enact and enforce operating and safety rules to protect workers
    • Train workers properly in the use of equipment and tools

    Under the FELA, the injured railroad worker is required show that the railroad acted negligently “in whole or in part” in causing the railroader’s injury. That is the main difference between FELA and workers’ compensation benefits, because you do not have to show fault under state work comp laws. Typically, a railroad acts negligently failing to provide a safe place to work for its employees and breaching the duties outlined above.

    Timing is essential in a FELA claim as well, because the railroad is in control of the property, equipment, and already has lawyers on standby, ready to investigate any accident. Call an attorney who handles FELA claims immediately if you are injured.

    The statute of limitations for an FELA case is three years. The clock starts ticking at the time of the worker’s injury or death. If you wait too long, your claim expires, and you can no longer file a lawsuit to seek financial relief for your injuries, damages and other losses.

    An attorney who handles FELA claims can assist you with filing your claim and proving your case in court.

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