Railroad workers who are injured on the job fall under the jurisdiction of The Federal Employers’ Liability Act (FELA). FELA can best be understood by thinking of it as both safety regulations and a form of worker’s compensation insurance for the railroad industry. Like Worker’s Compensation, it is designed to protect and cover injured railroad workers and at the same time, limit their ability to pursue their employer for injuries and damages. FELA is set up as the sole and exclusive remedy a railroad worker has against his or her employer.

FELA covers all work–related injuries whether they result from accidents, crashes, falls, equipment malfunctions, or illness or disability as a result of exposure to toxic substances or other unsafe conditions, such as a hearing loss that results from an unsafe noise level.

Liability

Under FELA, the injured worker is entitled to damages if the railroad was at fault or negligent. Negligence includes the railroad’s failure to provide adequate training, a safe workplace, and appropriate tools and equipment. If the railroad had any liability whatsoever — even if the employee’s actions contributed to the accident in some way — it may be advisable to file a FELA claim.

FELA provides for coverage of the following:

• Medical expenses for the injured employee
• Lost earnings (both current, past and future)
• Compensation for pain and suffering
• Compensation for the employees reduced ability (if any) to work because of his or her injuries
• Compensation for the railroad employee’s family in the event of death

Safety Obligations

FELA also provides rules and regulations for the railroad industry to promote and enforce safety. The employer’s duty under FELA includes providing as safe a workplace as possible, including safe practices, safe equipment, proper maintenance, and safe behavior on the part of other employees. The railroad’s duty to furnish a reasonably safe workplace extends to intentional acts by employees or outsiders and includes a duty to warn of hazardous or unsafe conditions, a duty to provide proper training, a duty to provide supervision, a duty to provide adequate help or assistance, a duty to provide safe equipment and tools, a duty to enforce safety rules, a duty to prevent unsafe or unreasonable work quotas and a duty to provide safe methods to perform the required job.

Protect Your Rights

If you were injured in any type of railroad accident while working as an employee for a railroad company, you should contact an experienced personal injury attorney as soon as possible to preserve your rights. Railroad companies usually have sophisticated lawyers protecting them and limiting their liability to pay, so you must be extremely cautious about any statements you make, any papers you sign and any advice or counsel you receive from the railroad or its representatives. They also won’t tell you about many of your options, for example that you can use your own doctor rather than the railroad’s doctor. That’s why it’s important to hire an experienced personal injury attorney to guide you through the process and protect your rights.

Experience & Expertise

If you have been injured as a railroad worker and are considering filing a FELA claim in Philadelphia or anywhere in Pennsylvania and New Jersey, Edith Pearce can help. An expert in employment issues, railroad injuries and FELA claims, Ms. Pearce spent over ten years working as an attorney for an insurance company and defense firm, including handling FELA cases for the defendant insurance company. She has the inside knowledge that gives her clients a competitive edge in obtaining maximum compensation.

The Compensation You Deserve

The Pearce Law Firm will thoroughly investigate your FELA claim, gather important evidence, and work diligently on your behalf to obtain the compensation you and your family deserve. The firm takes an aggressive approach to railroad accident cases, including swift investigation, vigorous pursuit and quick results.

If you or a family member has been injured in a railroad accident, call the Pearce Law Firm personal injury attorneys today for a FREE PERSONAL INJURY CONSULTATION, or send us an instant e-mail.

We are dedicated to protecting your rights and obtaining full and fair compensation for you.

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If you or a family member has been injured in a railroad accident, call the Pearce Law Firm railroad injury attorneys today for a FREE PERSONAL INJURY CONSULTATION, or send us an e-mail.