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Railroad Injury Blog


Archive for October, 2009

FELA: What You Need To Know

Friday, October 16th, 2009

The Federal Employers’ Liability Act (FELA) was enacted in 1908 by the United States Congress in order to curb the number of horrific accidents that were taking place with alarming regularity on American railways. FELA was also intended to standardize railroad equipment and practices in order to further promote safety and regularity in the industry. This Act, unlike state workers’ compensation, provides for benefits based upon fault. Essentially, this means that an injured worker must present evidence indicating that the railroad company was at fault in some way for the injury.

In order to be eligible for benefits, the accident must have happened in the scope of employment with the at-fault railroad company. You must have been injured while performing some duty in furtherance of the railroad. Also, when the accident occurred, the railroad must have been engaged in interstate commerce. This means that the railroad must have been traveling between two or more states. These requirements, along with the railroad’s contribution to the cause of the injury, must be met in order to move forward with a FELA claim.

Once a FELA claim has been established, it is time to determine the damages you are eligible to receive. Typically, injured workers are entitled to receive money for pain and suffering, medical expenses, loss of earnings and mental anguish covering both the past and the future. In the case of a worker who is killed, that worker’s surviving family members may be entitled to compensation as well.

If you or someone you love has been injured in an on-the-job railroad injury, contact the FELA attorneys at Fitts Zehl, LLP by phone at (713) 491-6064 for a free consultation. The FELA train accident lawyers at Fitts Zehl, LLP have the experience, knowledge and resources necessary to do battle with the railroads. Do not hesitate, contact us today.