Unlike virtually every other employee in the United States, railroad workers are not covered by workers’ compensation statutes. Instead, these employees are covered by the Federal Employers’ Liability Act (FELA) for job related injuries and deaths. At the law firm of Brais Law Firm with lawyers in Miami, Florida and Boston, Massachusetts are familiar with handling FELA lawsuits and are here to help railroad worker who suffer serious personal injury or death as a result of an accident.
A railroad worker is covered by the FELA if:
- He/She is employed by a railroad that either operates across state lines or handles freight that may cross state lines at some point;
- He/She is injured on the job; and
- His/Her injury is due to the negligence or carelessness of the railroad or due to certain defects in cars, locomotives, machinery, tools, equipment or working conditions.
To recover under the FELA, it is necessary to first establish some negligence on the part of the railroad. This differs from state workers’ compensation laws where no such proof is needed.
However, the amount of negligence that must be demonstrated is slight: it must only be shown that the railroad failed to provide a reasonably safe place to work. When railroads act negligently, recoveries under the FELA will generally be far greater than they would be under state workers’ compensation systems. The amount of compensation you may be entitled to varies from case to case and depends on a number of factors. As a rule, however, you are entitled to be compensated for the following:
- Past and future pain, suffering, emotional, and psychological distress;
- Un-reimbursed past medical expenses and future medical expenses;
- Lost fringe benefits such as vacation pay, medical insurance, and railroad retirement contributions; and
- Past and future lost wages and/or impaired earning capacity.
The attorneys at the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.