With the dangers that many railroad workers face on a daily basis, it is important that you understand your rights under the law, as a railroad employee. The Federal Employers Liability Act (FELA) safeguards workers against unnecessarily dangerous work environments.
If you have been injured as a result of negligence on behalf of a railroad company, Ben Glass recommends that you contact FELA railroad accident attorneys, Jim Hurley and John Cooper for answers to your questions. Both FELA lawyers have a background in representing injured railroad workers and can discuss your legal options.
Compensation Under FELA
As a victim of a FELA railroad accident you may be entitled to compensation. These monetary damages could include:
- Past and future medical expenses
- Past and future lost wages or lost income
- Loss of wage earning capacity
- Pain and suffering
- Loss of career
- Loss of limb
- Loss of quality of life
- Permanent impairment and disability
A lawsuit may be filed anywhere in the United States, according to FELA guidelines, as long as the railroad company operates in that area or has contracts in that area.
Under the Federal Employers Liability Act, a surviving spouse or child may be eligible to file a wrongful death lawsuit following a FELA railroad accident. These types of lawsuits have their own special set of damages, including the economic losses of surviving family members, such as a spouse or children, who depended on the worker financially.
FELA Claim Deadlines
There is a statute of limitations on the time that one has to file a claim for a FELA railroad accident. The timeframe is three years from when the claim arises or accrues. For a traumatic injury accident, the statute of limitations usually begins at the time of the accident. For diseases that are acquired on the job, however, the formula for calculating the statute of limitations is more complicated. The question that usually arises is - when does the three years begin? Cases that have been brought under FELA have shown that a “discovery rule” applies, meaning the time at which the employee knows or should reasonably know about a medical condition arising from work.
For more information regarding the Federal Employers Liability Act and the rights of injured workers, order your copy of the book, Your Rights When You Are Injured on the Railroad.