The Federal Employers' Liability Act (FELA) was passed by the government in 1908 to protect engineers, brakemen, switch-men and other railroad employees the right to sue for on-the-job injuries in state or federal courts. FELA damages are calculated based on your individual loss, including lost wages (past, present, and future), pain and suffering and a loss of quality of life.
In order to win a FELA case and recover money, you need to show some negligence by the railroad that caused your injury. You need to demonstrate that the railroad failed to provide a reasonably safe place to work.
What is FELA?
The Federal Employers' Liability Act (FELA) is a federal law meant to protect and compensate railroad workers who are injured on the job. Under FELA, railroad workers who are not covered by regular workers's compensation laws are able to sue companies over their injury claims. FELA is different from State Workers' Compensation Law. Learn more about Workers' Compensation here.
It is against the law for you to be coerced or intimidated from reporting an injury. You should report this kind of activity to your union representative and attorney immediately.
Representing Injured Railroad Workers and Their Families
There is no limit to the impact that an injury can have. When you have suffered one, it can be hard to think beyond what is in your immediate focus, considering the effects later in life and what you can do to help reduce them now. Your injury may only continue to cause you pain and may require the use of medical treatment long term. For some, they can be left unable to work, whether it is in their original field or in other, and as a result of the damage done, they no longer have a steady source of income. A railroad injury doesn't just hurt now, it can harm you for years. A FELA lawyer can take this into consideration while assessing the extent of your injury and what you are rightfully owed.
Napoli Shkolnik PLLC represents railroad workers suffering from cumulative injuries,hearing loss, and chemical solvent exposure. While working on the railways or on a train, there is a high risk for occupational diseases; these diseases may not manifest themselves until later years. For example, mesothelioma caused by asbestos exposure can take decades to manifest and it can be hard to pinpoint the cause of the disease. Other occupations diseases can also result in serious physical injury and require costly medical care to treat. Our FELA lawyers work with injured workers and their families across the country, whether you have experienced traumatic injuries or if you need help filing a wrongful death claim.
Lung cancer and railroad workers
Lung cancer is one of the most common occupational disease that railroad workers are at risk for on the job.
Learn more at the Railroad Cancer Claim Center
How long do I have to file a FELA claim?
You have three years to file suit or settle your claim under FELA, but there are several statute of limitations and deadlines that need to be considered. It is recommended that you consult with an experienced FELA lawyers regarding your circumstances.
Can my doctor discuss my case with my employer?
Unlike Workers' Compensation cases, with FELA, your doctor is not required to share any information regarding your case with your employer. A knowledgeable FELA attorney can explain this provision to you in further detail.
Do I need an attorney to handle my FELA claim?
The choice of an attorney is your decision but the right lawyer can make a big difference in the success. We have the knowledge and resources to take your claim all the way to trial if necessary. We provide a free, confidential consultation to discuss your legal options.