3 Things Workers Should Know About the Federal Employers Liability Act

It requires no stretch of the imagination to recognize that railroad work is often quite hazardous. In fact, in 2019 alone, there were nearly 8,000 injuries related to working on railroad jobs reported in the United States.

If you’re a railroad worker, it pays to be aware of your legal rights in the event you become one of these statistics. Have you heard of the Federal Employers’ Liability Act? If not, it’s time to protect yourself by learning your rights under the law.

Follow along to learn 3 things you must know about FELA insurance coverage.

1. What Does the Federal Employers’ Liability Act Cover?

FELA coverage is quite broad and is based on proving negligence with a “featherweight fault” standard. This means that the burden of proof is relatively easy for workers to achieve. Any injury that occurs due to a situation that arises from your employment can qualify for FELA coverage.

It goes without saying that this applies to things that happen while you’re on the clock. However, it also applies to injuries in a taxi on the way to the job site or at a hotel you’re staying in because of work, for example. You can see how broad this is and how much protective power it provides to railroad workers.

It doesn’t protect just workers in the yard, either. Even if you work at a desk, the FELA will cover your injuries.

Examples of specific damages covered by the FELA are:

• Wage Loss
• Medical Expenses (Past and Future)
• Pain and Suffering
• Shame and humiliation due to visible scarring or disfigurement

2. How Do FELA Claims Differ From Workers’ Compensation?

Workers’ compensation is not a lawsuit but rather a governmental compensation program. To recover damages in a workers’ compensation case, you simply need to prove that you were injured on the job. Compensation comes from a governmental fund, not your employer.

FELA claims require proof of negligence on the part of your employer to establish their liability for your injury. Compensation is received from your employer, not the government.

FELA compensation is generally greater than workers’ compensation.

3. There Is a Time Limit On Claims

There is a strict 3-year statute of limitations on FELA claims. If you don’t initiate your claim within this time frame, your case will be dismissed outright, regardless of employer liability.

Even if this seems like plenty of time, there’s no reason to wait to begin your claim. If you’ve been injured in connection with railroad work, get in touch with a Federal Employers’ Liability Act attorney today. Even if you’re unsure whether it will cover your injury, a qualified attorney will be able to help you work through your case.

Knowledge Is Power

Being aware of your rights under the Federal Employers’ Liability Act is crucial as a railroad worker. Claims under this law tend to be straightforward and can provide you with valuable compensation for damages sustained working for a railroad company.

If you found this post helpful, be sure to check out other legal articles on the blog!