Railroad Injury Lawyer Blog

FELA: What You Need To Know

admin — Fri, 16 Oct 2009 16:53:53 +0000

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.

FELA: What if I Work for More Than One Employer?

admin — Thu, 13 Nov 2008 18:44:32 +0000

Under the Federal Employers’ Liability Act (FELA), a covered railroad is liable for negligently causing the injury or death of any person while he is employed by the railroad. It is often the case, however, that an employee will be carried on the payrolls of more than one employer at any given time. In this situation, the dominant issue is control. How much control did the railroad have over the employee during the time of the injury? The law does not require the railroad to have full supervisory control over its employees. Instead, the law requires that the railroad plays a significant supervisory role as to the work of the injured employee in order to collect under FELA. The actual test applied by the court is whether the railroad has control over the employee’s work or the right to control the employee’s work at the time of the injury. Essentially, the right to control details of the work which exposed an employee to the risk of injury is the most important factor in determining one’s status as an employee.

If you or a loved one has been injured while employed as a railroad worker contact the experienced railroad injury attorneys at the Fitts Zehl Law Firm by email at info@railroad-injury-lawyer.com or by phone at (800) 99-FITTS.

Hello world!

admin — Mon, 08 Sep 2008 05:42:10 +0000

Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!