Federal Employees Liability Act (FELA) is a special act of congress passed in 1908 to cover the large number of serious injuries and deaths that took place among railroad employees. The law operates as both a workers’ compensation and health and safety statue that mandates railroad’s duty to provide safe places for their employees to work and to provide fair compensation for injured workers.
This duty extends to workers’ tools, equipment, and working conditions. If a railroad employer fails to provide any of these or if an employee is injured as the result of the unsafe or negligent actions of a fellow worker, the employer is held responsible for any damages that result.
Compensation for workers covered under FELA is not automatic. Unlike a typical workers’ compensation claim where a schedule of medical and financial benefits are set, injured railroad employees must prove their employer was negligent in providing a safe workplace, tools, or equipment. Consulting an experienced and aggressive FELA attorney as soon as an injury occurs can effect your financial recovery significantly.
Brian White is an experienced and aggressive FELA injury attorney who has helped many injured workers receive just and fair compensation for their workplace injuries.
Railroad work by its very nature is dangerous. It includes exposure not only to mechanical equipment and rolling stock that can produce serious injuries and death from accidents when not operated correctly, but also a wide range of additional hazards.
The laws spell out a railroad’s responsibility to follow mandated safety guidelines in every facet of their operation. Safety guidelines covered by FELA and subsequent acts of congress cover not only injuries due to accidents but also all occupational hazards.
Every year railroad employees are diagnosed with some of the following ailments.
- Pulmonary Illness: Lung related injuries due to exposure to numerous harmful materials and substances. Railroad workers are surrounded by toxic chemicals including asbestos, silica, metals, solvents, diesel fumes and more.
- Cumulative Trauma/Repetitive Motion Injury: Forceful, repetitive use of their hands and other body parts involving vibration and working in awkward positions with exposure to excessive heat, which can produce repetitive motion syndrome such as carpal tunnel syndrome and worn out body parts.
- Hearing Loss: Constant exposure to excessive workplace noise can result in hearing loss, which can severely affect a worker’s ability to perform required tasks.
If you have questions about your injury, it’s always wise to consult with an experienced FELA attorney in order to better understand your full rights to recover damages. If you’ve been injured either through an accident or occupational hazard call Brian White for a free and confidential consultation.
If a loved one has died as a result of an accident or injury resulting from railroad employment, don’t hesitate to call. The better you understand your rights and obligations under the law, the better chance you have of receiving the benefits and medical attention you deserve.
FELA requires an injured employee to immediately report any injury to a supervisor. Prompt reporting eliminates the railroad’s opportunity to deny a claim because the injury took place off the job. As soon as possible after an injury, it’s vital you speak to an experienced FELA attorney who can assist you in properly filing a claim and to receive prompt medical care.
The law requires an injured worker to file a claim within three years of the time he knew or should have known about an injury. The longer an employee waits to file, the more difficult it is to prove liability.
An injured worker can see any physician and is not obligated to see a company-approved doctor. It’s important to a workers’ health as well as his ability to recover damages that a doctor’s visit be scheduled immediately. Your right to medical attention includes any specialist your physician requires you to see.
Unlike workers’ compensation, FELA is a fault-based system. An injured worker must prove that his employer failed to act with reasonable ordinary care in providing a safe workplace or safe equipment to operate.
If an injured party is successful in a claim, he can recover money for pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of wages in the past, and loss of future earning capacity, vocational rehabilitation damages and other types of damages. Often these awards are significant. Consulting an experienced FELA attorney can affect your future health and financial welfare for years to come.
Contact a FELA Injury Lawyer in Houston Today
We never charge a fee until we win your case. The longer you wait to speak to an experienced FELA attorney, the more difficult your case becomes to complete successfully. If a loved one has died as the result of a railroad injury, Contact us to find out about your right to recover damages and expenses.
Don’t compromise your rights to recover the compensation you need and deserve by waiting to act. We will listen to your concerns and answer your questions and fully advise you of all of your medical and legal options.