How FELA Protects Railroad Workers

Due to heavy duty and complex machinery, as well as cramped working spaces, job-related injuries in the railroad industry can be devastating and even fatal. However, injured workers are compensated not by Workers’ Compensation, but under the Federal Employer’s Liability Act (FELA) - workers can prove they were injured because of employer negligence.

What is FELA?

Claims for FELA are similar to those workers can claim for workers’ compensation. Both are designed to compensate them in case they are unable to work because of their injuries. However, that is the only similarity between them.

For example, in a workers’ compensation claim, the injured party does not need to prove they are injured because of their employer’s negligence. All workers need to prove is they sustained their injuries during their employment.

In contrast, a railroad worker who is injured and wants to file a FELA claim must prove their employer is negligent and their negligence resulted in the injury. This extra obstacle is what makes this claim more difficult compared to workers’ compensation claims.

However, if made successfully, injured railroad workers can acquire compensation for the complete value of the damages they sustained. Compared to workers’ compensation, this includes more than just medical benefits and receiving reimbursement for lost wages. Workers can also seek compensation for pain and suffering they endured.

Under FELA, the damages they can recover include the following:

• Disfigurements and disabilities
• Past and future lost wages and benefits
• Past and future medical expenses
• Pain and suffering
• Worsening of a pre-existing condition because of the injuries
• Loss of enjoyment of life

Statute of Limitations for FELA Claims

Depending on the type of claim being made, FELA claims have deadlines. Here the time limits in which you need to take action:

• Death case – to be filed three (3) years after the date of death
• Occupational disease claim – to be filed within three (3) years from the date when you recovered from the disease
• Personal injury claims – to be filed within three (3) years from the date of the injury
• Cumulative trauma disorder claims – to be filed within three (3) years from the day the trauma was discovered, along with how it is related to your occupation.

As you can see, there is a strict time limit for making FELA claims, regardless of the nature of your injuries. This makes these claims different from workers’ compensation claims. The faster you act and hire an attorney, the faster you can get the compensation you need and deserve.

Just call us at I Am Calling My Lawyer today to find out how much your case is worth and what our attorneys can do to help in Schaumburg, IL. We are a team of dedicated professionals who believe actions speak louder than words. Check out the details of the cases we successfully completed on our website and see for yourself.