Unlike workers in most industries, railroad employees are not covered by worker's compensation. When railroad employees are hurt on the job, they must seek compensation under a federal statute called the Federal Employer's Liability Act, which is generally referred to as FELA. Under the FELA statute, if an injured railroader can show negligence, even slight negligence, on the part of the railroad, the injured worker can recover damages which would include:
- Unpaid medical expenses
- Loss of earnings
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
- Wrongful death
A violation of FELA is established by showing evidence of the negligence of the railroad through:
- Failing to provide safe and proper equipment to do the job;
- Failing to properly train railroad employees or performing work in an unsafe manner; or
- Failing to provide a safe place to work.
Many different types of injuries are covered by FELA including:
- Fractures of all types;
- Herniated discs;
- Torn or ruptured ligaments or tendons;
- Repetitive trauma injuries such as hearing loss or carpal tunnel syndrome;
- Burns, lacerations, or abrasions;
- Chemical exposure, including exposure to asbestos
FELA was intended to provide a remedy to injured railroaders. Because of this, Section 55 of the FELA statute makes it illegal for a railroad to retaliate against an injured railroader for asserting his rights under FELA. Any retaliation by the railroad can serve as a separate basis for a lawsuit against the railroad. Section 60 of the FELA statute also makes it illegal for the railroad to retaliate against any co-worker who might provide you with assistance by providing testimony or other evidence which supports your FELA case.
Railroads aggressively defend claims made by their employees under the FELA statute. One of the reasons for this is that workers who hire attorneys tend to recover more money than those who do not. One study showed that only about 30% of injured railroaders hire attorneys to represent them in FELA cases. However, that 30% received 80% of the money paid out by railroads for FELA claims. Railroad claims agents are working vigorously to defend the interests of the railroads to minimize the amount that you are paid for your work injury. Shouldn't you get a lawyer to represent your interests?