FELA also provides for lost wages and medical expenses. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. They are after their own interests, and it can hurt your case. Because of this, a railroad may be negligent in any number of ways that might lead to an employee injury. The employee must understand the difference in making the claim, and many individuals may need to hire a lawyer to progress through the correct claim. 45 U.S.C. The Federal Employers' Liability Actmore commonly known as FELAis a law that Congress passed in 1908 to give railroad workers who get hurt on the job the ability to sue their employer for negligence and have their personal injury case heard by a jury and decided in a court of law. Your attorney will be in a position to know what is appropriate in any given case. What is FELA? .manual-search ul.usa-list li {max-width:100%;} Thank you. Contact the Law Office of Robert R. Castro at 301-870-1200 to schedule a consultation. All Rights Reserved. I highly recommend him. Railroad workers have their own separate system for receiving injury benefits. 33 U.S.C. FELA covers railroad workers throughout the United States. Amputation of an arm can bring 323 weeks of compensation, while total deafness is compensated at 215 weeks. Nothing on this site should be taken as legal advice for any individual case or situation. What Federal Regulations Protect High-risk Workers. The Federal Employers Liability Act (FELA) vs. Workers Compensation. Map & Directions [+]. So is getting immediate medical attention that is documented accurately, with the correct terminology clearly describing the cause of the injury. The program is similar to workers compensation but does not follow the same rules or regulations. Read on to learn more. The Federal Employers' Liability Act (FELA), Four Types of Railroad Attorneys to Watch Out For. FELA claimants can present their case in front of a jury FELA trials are more like lawsuits than claim appeals (as is the case with workers compensation). Referral to a medical specialist for a second opinion examination where required by the worker's medical condition or the program's need for additional medical information. 60602 Our team can help. The comparative negligence standard applies to FELA cases. This information is designed for general information only. Between 1889 and 1920, there was a massive expansion in the U.S. for railroad use, and the expansion came with an increase of dangers experienced by railroad workersincluding loss of limb and death. Congress enacted FELA in 1908, and it has forced railroad carriers to become accountable to their employees for any injuries they caused. In this way, a worker making a FELA claim has a higher hurdle to clear, when compared with a workers' compensation claim. In this section, you'll find articles discussing railroad injuries, employer responsibility, and the FELA claim process. For eligible railroad workers, FELA replaces and takes the place of workers compensation insurance. Our attorneys are well-versed in workers compensation law and the FederalEmployers Liability Act. NUVEW | Copyright 2023 Website. Even if you were negligent and your negligence played a role in causing the accident, that is not a bar to pursuing a claim or collecting damages under FELA. The Federal Employees' Compensation Act gives injured workers the right to reclaim their Federal jobs within one year of the onset of wage loss. Effective April 1, 1994, assessments made pursuant to Section 25-a, 15(8) and 151 of the Workers" Compensation Law, Section 60 of the Volunteer Ambulance Workers" Benefit Law, and Section 60 of the Volunteer Firefighters" Benefit Law shall not be considered as an element of loss in establishing workers" compensation rates. The information on this website is for general information purposes only. The length of time required to process a FELA claim might also be affected by the nature of your injury. An employee covered under workers compensation receives benefits regardless of whether the employer was at fault, another employee was at fault, the worker was at fault for their own injury, or theres no fault at all. The basis for filing a claim is critical to obtaining compensation and taking advantage of the benefits you are entitled to. I would recommend him to anyone who needs legal representation. In addition, when you have only been treated by the company doctor, your whole medical history is in the hands of the company. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. p.usa-alert__text {margin-bottom:0!important;} The nurse ensures that appropriate medical care is provided and assists the worker in returning to employment. Prior results do not guarantee similar outcomes. FELA, on the other hand, is a federal law that applies to railroads and other employers who are engaged in interstate commerce. The FELA does not limit the damages that the worker . .manual-search-block #edit-actions--2 {order:2;} If you do not bring your lawsuit within that time period, your claim could be completely barred and the court will most likely determine that you are not entitled to receive any compensation at all. One of the main differences between FELA and workers' compensation laws is the role of negligence. There are cases where only partial fault is present, which may suffice for a successful claim. This field is for validation purposes and should be left unchanged. Along with a great and kind staff we HIGHLY recommend this law firm. When Congress enacted the Federal Employers Liability Act (FELA) for the protection of railroad workers nationwide, it not only created a system where injured workers could receive legal compensation for their injuries, it also provided railroad companies and employers with something of a uniform liability standard when it comes to working conditions and employee safety on the job. FELA was designed not only to discourage negligent conduct but also to provide liberal recovery for injured workers and to shift to the railroad industry as part of the risks inherent in dangerous railway work. With so much riding on fault and proof of negligence, if youre employed in the railroad industry, you and your family need to understand your rights under FELA before anything ever happens because the burden of proof of negligenceand obtaining proper compensationwhen and if something does happen is on you. . Federal Employers' Liability Act Compensation | Maurer Law Firm What is FELA? Federal Employers' Liability Act for railroad workers Laura end Nick would keep me up to date with the status of my case More , They, fought for me to get the best settlement possible.. Get started by filling out a free case evaluation today. For example, if a worker was instructed to do something that they knew violated company policy but did it anyway and was injured as a result, that worker may be found to be at least partially responsible for their own injury. Insurance Circular Letter No. 5 (1994): Annual Statement Reporting for If a court decided the worker was 50 percent responsible, the company would only be 50 percent responsible, and the damages awarded would reflect that figure. Workers compensation and the Federal Employers Liability Act (FELA) are both designed to protect workers who are injured on the job. Because proving fault is necessary, railroad workers can bring their claim into court. One of the main differences between FELA and workers compensation claims involves the amount of financial compensation. A FELA claim must be filed within 3 years of the date of your injury. or viewing does not constitute, an attorney-client relationship. Having an attorney experienced in the FELA and its related safety statutes and regulations, who will gather substantial evidence and documentation in support of your case, will place the parties on equal footing and help to avoid an unjust result. Under this law, the Amtrak employee has the right to file a claim against his employer in a state or federal court and has an absolute right to a trial by jury. Basically, workers have 30 days to report an injury to their employer, who then handles the matter through their workers compensation insurance. FELA states that any common carrier by railroad engaging in interstate or foreign commerce shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce due to the negligence of the companys personnel or negligence affecting company equipment or the workplace. They were very professional and understanding. Inform all treating doctors of the nature and extent of your complaints. While it is true that an injured employee has up to 3 years from the date of injury to commence a lawsuit, it is dangerous to wait that long before hiring an attorney. The difference between the two programs is fault determination, the basis of claim, damages, and how you will file a claim. If the injured employee was negligent in any way, the damages will be reduced by the employees percentage of fault. Thats exactly why you need to understand the critical differences between workers compensation and FELA. How Are Injured Railroad Workers Paid: Workers' Comp vs FELA The Federal Employers Liability Act (FELA) is similar to workers compensation because it provides recovery for a railroad employee after being injured on the job. . require you to show negligence. Generally speaking, FELA covers four types of injuries that workers may experience: As mentioned above, to prevail in a FELA claim the railway worker must show not only that the railroad was negligent, but also that the railroad's negligence played some role in causing the injury. This website was prepared by Morrow, Morrow, Ryan, Bassett & Haik for informational purposes only and should not be relied upon or construed as legal advice. A lawsuit brought by a railroad worker under FELA can typically be brought in any state or federal court. Workers compensation is a state-mandated program that provides benefits to workers who are injured or become ill as a result of their job. He was knowledgable, compassionate, and level headed.His assisting paralegal, Ramona Anaya, was reliable, knowledgable, and kind in all our interactions.They went above and beyond to help me navigate. .usa-footer .grid-container {padding-left: 30px!important;} Any legal claim involving the Federal Employees Liability Act requires a detailed understanding of the federal procedures at play. Under FELA, injured workers are entitled to receive damages for their injuries, including lost wages and medical expenses. In some cases, employees may be able to elect not to participate in the workers compensation system, but this is generally only allowed if the employee has alternative insurance coverage. More, the laws intent is so steadfast that it actively voids any attempt by a railroad to exempt itself from FELA liability. If. A railroad injury lawyer may seek current and future wages, as well as non-economic damages for a client. Not all these costs were imposed, for the Act did not make the employer an insurer. Contact us, and well give you our advice. God Bless. FELA Law - HG.org On This Page Additional Information Promptly file all applications to obtain Railroad Retirement Board disability benefits and any supplemental disability benefits provided in your collectively bargained agreement. FELA vs Workers' Compensation in Railroad Accidents What is a FELA Claim? - tpmblegal.com The worker was employed by the railroad and assigned to perform duties for the benefit of the railroad at the time of the injury. For all these reasons it is important that you are treated by your own physician instead of the company doctor. Contact us to schedule a free consultation today. When you are involved in a workplace accident, you need to be protected, and your injuries cared for as soon as possible. Claims agents may seek statements that might allow them to minimize your injuries and need for treatment or shift fault to you and your actions. It was a legislative response to the railroad industry . Workers comp doesnt cover pain and suffering or psychological issues, and damages are typically limited or capped with specific qualifiers$50,000, for example, for the anatomical loss of a minimum of two limbs.Under FELA, an injured worker can sue for full damagesmuch like a personal injury suit. The FELA covers most all railroad employees due to passage of the 1939 amendment to the FELA. Workers compensation pays for medical expenses and, in some cases, lost wages. They are an incredible group that did an outstanding job to make sure I got the highest settlement for my case. It is important, once again, to recognize that the railroads claim agent, when acting as your advisor, settling your claim or taking your statement is in a conflict of interest situation.