In 1908, Congress enacted The Federal Employers Liability Act, or FELA, which still provides a nationwide federal system of legal remedy and the protection of thousands of railroad workers as well as their families.
How is FELA different than Workers Compensation?
FELA claims require showing that the defendant is negligent in some way or in some way responsible for your injuries. Whereas “no fault” worker’s compensation laws don’t require the injured worker to establish any fault by the employer.
Under FELA, there are several duties that railroad companies and employers owe railroad workers, including the following:
- Safety from the harmful intentional acts of others;
- To ensure the work environment is hazard free;
- Provide adequate assistance, supervision, training and any other help that assists employees with their job functions;
- To oversee that safety rules and regulations are enforced
If you or a loved one has suffered an injury while employed as a railroad worker, it is important to not only know but to understand your legal rights so that you can receive help for those injuries under FELA. If you are unsure what you rights are or how to seek compensation which can include lost wages, medical treatment and more, you should contact an experienced lawyer for assistance.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.