Railroad Retirement Disability Attorney Discusses FELA Claims

November 05,2013
imgpsh_fullsize (15)

If you have been injured on the job site, or plan on filing for railroad retirement disability, it is recommended that you first schedule a consultation with our knowledgeable railroad disability lawyers to help you. The Federal Employers Liability Act (FELA) is an act that has been put in place to help workers like yourself. The following information provided by your railroad retirement disability lawyers discusses the FELA and how it applies to the employees who have been injured while on the job. If you have any further questions about the FELA or your railroad retirement disability, contact your attorney for further assistance.

What Is The Federal Employers Liability Act?

The Federal Employers Liability Act was established in 1908 and helps to provide a compensation fund for United States railroad workers who have been injured on the job. The majority of accidents that occur at the railroad workplace are cover by the FELA. This act will even cover those employees who work for the rail system, but not on the actually railroad site. In addition to providing a compensation fund for those injured on the job, FELA also has established legalities that must be followed by the railroad and its employees in order to prevent accidents from happening. The railroad is required by law to provide a safe working environment for the employees. This includes having all the necessary tools and safety equipment needed to do their job properly. It is also expected under the FELA that the railroad performs periodic inspections of the working environment to check that safety rules and proper procedures are being followed by the employees. It is also expected that employees are properly trained before being allowed to do the job. While the FELA may seem similar to a workers compensation program, there are some major differences. The workers compensation system are set up to be “no fault,” which means that any injury that an employee sustains is considered to be covered and the employee will not have to prove that there was any fault on the employer’s part. Under the FELA, the injured employee will have to show that their accident was due to negligence from the employer. However, the negligence that has to be proved by the employee is minimal. As long as the employee can prove that the railroad was negligent in some small way, then FELA will be satisfied. One of the ways that the injured employee or their attorney may be able to prove that the railroad was negligent is by showing that rules or regulations by the Occupational Safety and Health Administration (OSHA) were broken. Finding that OSHA regulations were broken by the employer are reason enough to claim negligence. The compensation received from the FELA fund will completely cover the injury that the employee sustained at work. This includes not only medical bills, but also lost past and future wages, future medical expenses, pain and suffering, as well as the estimated cost of future medical expenses.

Schedule an Appointment for a Consultation with Our Railroad Disability Lawyers

For help from a skilled, knowledgeable, and experienced professional, call your railroad retirement disability lawyers from Hermann Law Group, PLLC at (914) 286-3030. Hermann Law Group, PLLC has the railroad retirement disability attorneys who will help you fight for what you deserve in your case. Call today!