Rights of Injured Workers Under FELA
Unlike workers’ compensation laws, FELA requires the injured worker to prove that the railroad company was legally negligent in causing the injury. This blog post will explore the rights of injured workers under FELA, the process of filing a claim, and the importance of legal representation.
Table of Contents
- Who is Covered Under FELA?
- Types of Injuries Covered by FELA
- Rights of Injured Workers Under FELA
- The Process of Filing a FELA Claim
- Common Defenses Employers Use Against FELA Claims
- Conclusion: The Importance of Legal Representation
1. Who is Covered Under FELA?
FELA covers railroad employees who are injured while performing their job duties. This includes a wide range of workers such as engineers, conductors, brakemen, switchmen, and maintenance-of-way workers. It is important to note that FELA does not cover independent contractors or workers employed by non-railroad companies, even if their work is related to railroads.
2. Types of Injuries Covered by FELA
FELA covers a broad spectrum of injuries, from minor sprains and strains to catastrophic injuries and fatalities. Common injuries include:
- Musculoskeletal injuries from repetitive strain
- Traumatic injuries from accidents
- Occupational illnesses like asbestosis or silicosis
- Psychological injuries resulting from “zone of danger” or close call incidents
3. Rights of Injured Workers Under FELA
Injured workers have several rights under FELA, including:
- Right to Compensation: Workers are entitled to compensation for medical expenses, lost wages, pain and suffering, and permanent disability.
- Right to a Safe Workplace: Railroads are obligated to provide a reasonably safe work environment, including proper training and maintenance of equipment.
- Right to Legal Action: Workers have the right to file a lawsuit against their employer for negligence. Unlike workers’ compensation, FELA requires proof that the employer’s negligence contributed to the injury.
- Right to Choose a Doctor: Injured workers can choose their own medical providers rather than being limited to a list provided by the employer.
4. The Process of Filing a FELA Claim
Filing a claim under FELA involves several steps:
- Report the Injury: Immediately report the injury to your supervisor and ensure that an accident report is filed.
- Seek Medical Attention: Obtain medical care as soon as possible and keep detailed records of all treatments.
- Consult an Attorney: Seek legal advice from an attorney experienced in FELA cases to understand your rights and the best course of action.
- Gather Evidence: Collect evidence of the accident, including photographs, witness statements, and maintenance records.
- File the Claim: Work with your attorney to file the claim in the appropriate court, demonstrating the railroad’s negligence and the extent of your injuries.
5. Common Defenses Employers Use Against FELA Claims
Employers often employ several defenses to mitigate their liability under FELA:
- Contributory Negligence: Claiming that the worker’s own negligence contributed to the injury.
- Assumption of Risk: Although prohibited by law, Railroads consistently argue that the worker knew the risks involved in the job and voluntarily accepted them.
- Third-Party Liability: Suggesting that a third party, not the railroad, was responsible for the injury.
6. Conclusion: The Importance of Legal Representation
Navigating a FELA claim can be complex and challenging, making legal representation crucial. An experienced attorney can help you gather evidence, understand your rights, and effectively present your case. They can also negotiate settlements and represent you in court if necessary. Ensuring that your rights are protected can make a significant difference in the outcome of your claim.