MCCARTHY, ROWDEN & BAKER

Menu

FELA Claims

FELA Claims

Published on // Written by McCarthy, Rowden & Baker

Bloomington Personal Injury Attorneys

In the latter early years of the 20th century, the railroads employed a great many workers, many of whom were Bloomington Personal Injury Attorneys working under dangerous conditions. In response, Congress passed the Federal Employer’s Liability Act. FELA may be thought of as the workers’ compensation system for railroad workers but with important differences.

Exclusive Remedy

It is important to remember that if you are a railroad worker and sustain an injury on the job, FELA provides your exclusive remedy against your employer; workers’ compensation is not available to you.

The Issue of Negligence

Workers’ compensation is what is known as a no-fault system, which means that an employer’s potential fault in the accident that injured the worker is not an issue; the worker can recover without an allegation or proof of negligence. Under FELA, in contrast, the injured railroad worker must demonstrate that his or her injury was in fact caused by the railroad, its workers or agents.

Damages

Under FELA, an injured railroad worker may collect damages for:

  • Lost wages, both past and future
  • Reduced ability to earn future wages
  • Out-of-pocket medical expenses, both past and future
  • Pain and suffering Under workers’ compensation, as a trade-off, perhaps, for not requiring injured employees to prove the negligence of their employers, pain and suffering damages are not available.

Comparative Negligence

Railroad workers who are partially responsible for their own injuries may be able to recover damages. Under a pro-rated system of apportionment of fault, a worker with $100,000 of total damages, found 25 percent liable, would still collect $75,000.

Other Considerations

Other FELA issues include whether to sue in state or federal court and consideration of the statute of limitations, which in most cases is three years from the date of the injury.

Contact a Bloomington Personal Injury Lawyer for Legal Advice

To fully understand your rights under FELA and explore your potential options, call McCarthy, Rowden & Baker, Bloomington personal injury attorneys, at 800-373-6050.