FELA Law
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FREQUENTLY ASKED QUESTIONS
What is F.E.L.A.?
The Federal
Employer's Liability Act (F.E.L.A.) was enacted by Congress in 1908 to provide
benefits for railroad workers who sustain injuries in the scope of their
employment. Unlike state Worker's Compensation laws which provide benefits on
a no-fault basis, F.E.L.A. is based on the principles of fault. To recover
damages in this type of claim, the injured worker must establish that the
railroad caused or in some way, contributed to the accident. Damages to which
an injured worker is entitled to receive under F.E.L.A., are not limited.
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What requirements must be established for a F.E.L.A.
case?
There are
three basic requirements that an injured railroad worker must establish to
recover damages under the Federal Employer's Liability Act:
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The
accident must have occurred in the course and scope of the worker's
employment with the railroad. The Act does not require that the accident
happen on railroad property, as long as the injury occurs in the
furtherance of the worker's employment.
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The
railroad must be engaged in interstate commerce between two (2) or more
states. As a result of several court decisions on this issue, almost all
of the duties of railroad workers are interpreted as being in furtherance
of interstate commerce, thus satisfying this requirement.
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The
railroad must have caused or in some way contributed to the injuries
sustained by the worker.
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What type of damages are recoverable in F.E.L.A. cases?
There are four (4) basic types of
damages:
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Past and
future pain and mental suffering;
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Past and
future disability ;
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Past and
future medical and hospital expenses;
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Past and future lost
earnings.
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What types of
injuries are covered by F.E.L.A.?
Basically,
all injuries sustained in the course of employment are covered by the Federal
Employer's Liability Act.There are four
(4) basic types of injuries covered by F.E.L.A:
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Sudden and
traumatic injuries such as broken bones, back strains, pulled
muscles and tendons, lacerations and other types of "traditional
injuries."
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Repetitive
stress injuries that develop gradually and are not traceable to a
specific date of accident. Examples of these types of injuries include
carpal tunnel syndrome, tendinitis, and hearing loss.
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Aggravation
of pre-existing conditions. For a worker to be entitled to
damages, they must either injure a part of the body never previously
injured or aggravate a part of the body previously injured. When a
worker's accident aggravates or accelerates a pre-existing physical
condition or injury, it is considered a "new injury" under
F.E.L.A.
Occupational
Diseases are covered by the Federal Employer's Liability Act when
it can be established that they developed as a result of some negligence
on the part of the railroad. Examples of occupational diseases include
lung cancer, skin diseases and asbestos related diseases.
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Does F.E.L.A require the injured worker to prove the
railroad caused the accident?
Yes, F.E.L.A. is a fault-based
system. Contrary to state Workers' Compensation acts,
which are no-fault statutes, evidence of fault on the
part of the railroad is required to establish the
injured worker's right of recovery.
The test for determining the railroad's negligence is
whether the railroad's action or inactions played any
part, even the slightest, in causing the worker's injury
or death.
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Does F.E.L.A. impose specific duties on the railroads?
Yes, the
Federal Employer's Liability Act has broadly imposed a duty upon the railroad
to provide a safe place to work. This includes the duty to:
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provide
adequate manpower
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provide
adequate tools and equipment
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properly
maintain its tools and equipment
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make
adequate inspections of off premises work areas
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create and
enforce work safety rules.
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Are injured workers barred from recovery under F.E.L.A.
if they were partly responsible for the accident?
No. When it
is established that the railroad was negligent in causing injury to a worker,
the railroad cannot use as a defense the fact that the injured worker was
partly responsible for causing the accident. However, the negligence of the
injured worker is taken into account when determining the amount of monetary
damages that the worker is entitled to receive in a F.E.L.A case. For example,
if the railroad was negligent in causing an injury which is worth $50,000 and
it is determined that the injured worker was 10% comparatively negligent in
contributing to the cause of the injury, the monetary damages would be reduced
by 10% or $5,000. The railroad, in this example, would be liable to pay the
injured worker $45,000.
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Is there any time limitation for the filing of a F.E.L.A.
case?
Yes, a
Federal Employer's Liability Act case must be filed in court within three (3)
years of the date of accident. In the case of repetitive stress injuries and
occupational diseases, the three (3) year statute of limitations begins to run
when the injured worker knew, or reasonably should know, that they may have a
work-related injury?
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What happens if I fail to file a F.E.L.A. case
within the statute of limitations?
If a suit is not filed within the
statute of limitations, whatever rights an injured
worker has will be lost permanently.
IMPORTANT
NOTE: Therefore, it is critical to consult with a Federal
Employers Liability Act attorney as soon as possible after an accident to
evaluate whether a case exists. Before an attorney can properly evaluate your
F.E.L.A. case, an investigation must be performed, coworkers or witnesses
interviewed and doctors must prepare and furnish all necessary medical
reports.
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Do I have to notify the railroad after being injured on
the job?
Yes, you
must give prompt notice to the railroad after sustaining a work-related
injury. While not required by F.E.L.A., it is advisable to complete a written
accident report form, keeping a copy for your records. Your statement should
be short and brief. It will be used by the company to limit your claim.
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Can I receive treatment for my injuries from a doctor of
my own choosing?
Yes,
injured workers have the right to be treated by doctors of their own choosing.
Even though frequently, the railroad will attempt to "direct" or
even "force" injured workers to be treated by company doctors or
clinics.
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Am I required to provide a claims agent with a written
or recorded statement?
No. You are
not required to provide a claims agent with a recorded or written statement
under the Federal Employers Liability Act. It is important to remember that statements are not taken for the benefit
of the injured worker. The purpose of the statements taken by a claims agent
is to minimize the amount of money that the railroad has to pay the injured
worker. It is, therefore, critical that before you
give any type of statement to a claims agent you contact your local chairman
and a qualified F.E.L.A. attorney.When a
railroad employee is injured, he is required under most working rules to make
out a REPORT of accident, BUT nothing requires him to give a STATEMENT.
A Report is a
printed form setting forth generally the time and place of the accident.
A STATEMENT is
a handwritten or typewritten story of the facts leading up to and causing the
accident, intended to show whether or not the railroad is liable to the injured
employee.
The railroad
claim agent may tell the injured employee he must give a statement, or that it
is for his benefit.
NO ONE must
MAKE OR SIGN A STATEMENT, and it is not understandable how it could help
anyone but the railroad.
Remember, when
dealing with the railroad claim agents, that they are long experienced in this
work, and you are not. They are paid by the railroad, and their interest is
for the railroad.
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After being injured on the railroad, do I need to hire
an attorney?
Absolutely! You need to hire an
attorney who is experienced in handling F.E.L.A. cases.
Immediately after being injured, you are involved in an
adversarial legal system. The railroad has in place a
team of claims agents, investigators, attorneys and
doctors whose primary responsibility is to minimize the
amount of monetary damages paid to the injured worker.
In order to ensure that you receive the maximize
benefits provided by the Federal Employer's Liability
Act, you need to "level the playing field" by hiring an
experienced F.E.L.A attorney as soon as possible after
being injured on the railroad.
If you have sustained an injury during the scope of your
employment with the railroad, you want to ensure that
your legal rights are protected and that your receive
the maximum recovery provided by law. Please contact our
office, anytime, by calling 800-666-3352 for a
free, no obligation, consultation with a qualified F.E.L.A. attorney or use
our convenient
Contact form
to see if you
might have a case.
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