Chicago-based personal injury law firm Hoey & Farina, P.C., is dedicated to representing clients throughout the United States in Federal Employers Liability Act (FELA) cases. FELA is a critical law specially designed to protect railroad workers injured on the job and provide them with the financial compensation and support they deserve. As a FELA law firm in the United States, Hoey & Farina, P.C. focuses on advocating for clients who have experienced train accidents, railroad work accidents, and other related incidents.
What is FELA Law?
The Federal Employers Liability Act (FELA) is a United States federal law enacted in 1908 to protect the rights of railroad workers who suffer injuries on the job. Unlike workers’ compensation, which provides a no-fault insurance system, FELA requires injured workers to prove that their employer was negligent, at least partially, in causing the injury. This law is essential in holding railroad companies accountable for their employees’ safety and ensuring that injured workers receive the compensation they deserve.
How Does FELA Compare to Workers’ Compensation?
FELA law differs from workers’ compensation in several ways:
- Fault Requirement: In a FELA claim, injured workers must demonstrate that their employer’s negligence contributed to their injury, whereas workers’ compensation is a no-fault system.
- Damages: FELA provides for a broader range of compensatory damages than workers’ compensation, covering medical expenses, lost wages, and pain and suffering.
- Jurisdiction: FELA claims are typically pursued in state or federal courts, while workers’ compensation claims are handled by state administrative agencies.
- Exclusive Remedy: Workers’ compensation is often the exclusive remedy for workplace injuries, whereas injured railroad workers can explore additional legal options under FELA.
Our FELA Attorneys Take on Three Distinct Types of Railroad Cases
Hoey & Farina, P.C., FELA lawyers handle the following types of railroad cases:
- Workers Who Get Hurt on the Job: These claims involve injuries sustained by railroad employees due to inadequate safety measures, unsafe work conditions, or negligent actions by their employers.
- Workers Who Blow the Whistle: Representing employees who have faced retaliation from their employers, such as job termination or demotion, for reporting safety violations or other hazardous work conditions.
- Passengers Who Get Hurt: Assisting passengers injured in train accidents due to negligence, such as derailments, collisions, or onboard incidents like slips and falls.
The Elements of Negligence in a FELA Claim
In order to succeed in a FELA claim, an injured worker must prove the following elements of negligence:
- Duty: The railroad employer owed the worker a duty of care, meaning they were responsible for providing a reasonably safe work environment.
- Breach: The employer breached their duty of care by failing to maintain safe working conditions or take proper safety precautions.
- Causation: The employer’s negligence was a contributing factor in the worker’s injury, even if it only played a small role.
- Damages: The injured worker incurred actual damages, such as medical expenses, lost wages, or pain and suffering, as a result of the employer’s negligence.
What Kind of Damages Can You Get from a FELA Claim in the USA?
The monetary damages awarded in FELA claims are generally higher compared with workers’ compensation claims. These damages may include:
- Medical Expenses: Compensation for past and future medical treatments, surgeries, physical therapy, medication, and other costs related to the injury.
- Lost Wages: Reimbursement for lost income due to missed work or diminished earning capacity resulting from the injury.
- Pain and Suffering: Compensation for physical pain, mental anguish, and emotional distress caused by the injury.
- Loss of Enjoyment of Life: Compensation for the victim’s lost ability to participate in activities they enjoyed before the injury.
Compensation Under FELA
Under FELA, injured railroad workers can receive compensation for a wide range of damages, such as:
- Past and Future Medical Bills: Ensuring that workers have access to the necessary medical care and treatments for their injuries.
- Lost Income: Recovering lost wages, including future earnings, if the worker’s ability to work is permanently affected by their injury.
- Pain and Suffering: Providing compensation for the physical pain and emotional distress endured by the worker as a result of their injury.
- Loss of Consortium: Compensating the worker’s spouse for the loss of companionship, support, and affection caused by the injury.
- Vocational Rehabilitation: Funding for job training, education, and other necessary resources to help injured workers transition into new careers if they are no longer able to perform their original job duties.
Contact a Hoey & Farina, P.C. FELA Attorney Firm
Choosing the right FELA attorney is crucial in securing a favorable outcome for your case. Hoey & Farina, P.C.’s team of experienced FELA railroad lawyers provides top-notch legal representation for injured railroad workers across the United States. Their extensive knowledge of FELA law and dedication to achieving the best possible results for their clients make them a premier choice in handling complex railroad injury cases.
By entrusting Hoey & Farina, P.C., with your FELA claim, you will have the support of a skilled and compassionate legal team that will navigate the complexities of your case, advocate for your rights, and work tirelessly to secure the compensation you deserve. Don’t hesitate to reach out to their team for a [free consultation] and begin your journey toward justice and recovery.
Protect Your Rights with a Trusted FELA Law Firm
FELA law is crucial in safeguarding the rights of railroad workers in the United States and ensuring they receive the compensation they deserve for job-related injuries. Choosing the right FELA attorney can significantly impact the outcome of your case, and Hoey & Farina, P.C.’s experienced and compassionate team has the expertise to provide top-notch legal representation in this specialized area of law.
If you or a loved one has suffered a railroad-related injury and need the assistance of dedicated FELA lawyers, contact Hoey & Farina, P.C. today for a free consultation. Their team will evaluate your case, identify the best course of action, and work diligently to secure the financial support you need to recover and rebuild your life. Don’t hesitate to reach out and begin the path toward justice and healing with Hoey & Farina, P.C.’s expert guidance and support.