FELA Cases

Railroad Accident & Injury Lawyer – Whittel & Melton

Many railroad employees do not realize that they must be injured before workers’ compensation applies, leaving them unsure of what to do next. Injured railroad workers are covered under the Federal Employers’ Liability Act, or the FELA. According to this specific federal law, a railroad worker who is injured on the job must demonstrate that the railroad was negligent in providing a reasonably safe workplace or in supplying the necessary equipment for the job. Only after proving this negligence can the worker recover any damages from the railroad. The FELA can be very confusing for injured workers and their families. If you’ve suffered a serious injury or lost a loved one in a railroad accident, a FELA attorney at Whittel & Melton can help you start your recovery.

Understanding the FELA

In 1908, Congress enacted the Federal Employers’ Liability Act, allowing railroad workers and their families to seek compensation for injuries or deaths resulting from railroad accidents. Under this law, railroad companies must provide employees with a safe work environment. When employees are injured on the job, they can seek compensation for lost wages, medical expenses, pain and suffering, and partial or permanent disability. If a railroad-related incident kills an employee, their surviving family members can claim financial compensation for wrongful death.

The FELA obligates railroads to provide employees with a safe work place, which means it must provide workers with safe equipment and tools. If a railroad fails to implement sufficient safety measures or a colleague’s negligence injures a railroad worker, the railroad can be held liable for any damages the injured worker suffers. Under the Federal Employers Liability Act (FELA), workers can receive compensation if they are injured in certain situations, including:

• Negligence or carelessness on the part of the railroad, its employees, officers, or subcontractors.
• Unsafe Work Environment
• Inadequate Tools, Equipment, or Appliances
• Any and all Violations related to the Safety Appliance Act, the Boiler Inspection Act, the Federal Rail Safety Act, the Federal Locomotive Safety Standards, the Power Brake Law, OSHA regulations, and Hours of Service

What are the Safety Appliance Act and Boiler Inspection Act?

Under the FELA, injured workers can recover damages when the railroad has violated the Safety Appliance Act and Boiler Inspection Act. Under the Safety Appliance Act, the railroad has strict liability if an incident arises from defective appliances. When this is the case, the injured worker does not have to prove any negligence in order to recover financial compensation from the railroad.

The Boiler Inspection Act requires the railroad to make sure trains and tenders are in proper working condition and safe for use. Any violation of this Act imposes strict liability on the railroad, meaning negligence does not have to be proved in order for the railroad to be held responsible for all damages.

How to Protect Yourself and Your Rights When Injured on the Job

• Get prompt medical attention.
• Tell your doctor how you were injured and document all of your injuries thoroughly.
• Fill out an accident report. Make sure you identify the unsafe condition or equipment that caused your injury.
• Ask your co-workers and any witnesses to provide details about how and where you were injured. If possible, write down the names, addresses, and phone numbers of anyone who may have witnessed your accident, and show everyone who worked with you at the time of the accident the unsafe condition that caused your injury.
• Contact a FELA Attorney at Whittel & Melton.
• Know your rights, and do NOT accept any attempt by the railroad to settle or delay your case without speaking with an attorney first.

In FELA cases, you must file your claim within three years of the injury date. If you fail to do so, you will permanently lose your right to compensation. Occasionally, certain situations warrant exceptions to this three-year deadline. An attorney experienced in handling FELA cases can help you determine the best course of action.

A Railroad Accident & Injury Lawyer at Whittel & Melton can make sure railroad companies are held accountable and that your rights are protected under the law. We work with investigators familiar with the railroad industry and other support staff who know railroad operations and practices inside and out. If you or a loved one is a railroad employee who has been injured on the job, contact a FELA Attorney at Whittel & Melton for a free and confidential consultation today online or call us statewide and toll-free at 866-608-5529.