FELA Federal Employers Liability Act The Federal Employers' Liability Act (FELA) is the protection provided to railroad workers who are injured while on the job. FELA was enacted by Congress in 1907 and provides unique benefits to injured railroad employees. As a law, FELA differs dramatically from typical workers' compensation laws. Specifically, a railroad worker or his surviving family must prove negligence on the part of the railroad to recover any damages that may be due. Basically, there are several requirements that an injured railroad worker must establish to obtain benefits: 1.) The injury must have occurred in the course of the worker's employment with the railroad. 2.) The employer's negligence must have contributed to the worker's injury. 3.)The injury must have occurred while the worker and railroad were involved in interstate commerce between two or more states. If you are injured, it is critical to observe basic procedures that will help protect your rights under FELA. Initially, your rights can be best protected by consulting with a Federal Employers Liability Act attorney as soon as possible after an accident has occurred. An experienced FELA attorney can best evaluate your situation and advise you as to whether a case exists. . Next, you must give prompt notice to the railroad after sustaining a work-related injury. While not required by FELA, railroad rules require that an accident report be completed when practicable. The key word is such a situation is practicable. You do not have to fill out any forms until you are physically, mentally, and emotionally able to do so. Demand a copy of any report you fill out to keep for your records. In any case, it is advisable to fill out the accident report only after consulting with an FELA attorney. Injured rail workers also have the right to be treated by doctors of their choice. Rail workers do not have to choose from railroad doctors. In many cases, railroad supervisors or medical workers under railroad contract will actually attempt to intimidate injured workers by directing or even forcing them to be treated by corporate doctors or at corporate designated clinics. FELA does not require injured workers to provide a claims agent with a recorded or written statement. Statements taken by a claims agent are not for the benefit of injured workers. Claims agent are employed by railroads to minimize the amount of money that is paid to injured workers. It is critical that you contact a local lodge officer or FELA representative before you give any type of statement to anyone. If you are injured, expect to need to hire an attorney who is experienced in handling F.E.L.A. Cases. The railroad has an army of attorneys, investigators, doctors, and claims agents to protect their interests. To best protect the interests of you and your family, you need to hire a designated FELA law firm as soon as possible. You deserve to receive the maximum recovery provided by law, and you can! Representation by an FELA law firm ensures that your legal rights are protected. Be sure to check back often.The links and information on this page will be updated regularly... As we continue serving the needs of our members...... FIRST !! |
