If you work on the railroad, you know that the job can be quite dangerous sometimes. Therefore, there are certain protection in place to make sure you’re taken care of if you happen to face an injury on the job. That’s where FELA comes in, or Federal Employees Liability Act, which focuses on railroad workers in particular…
FELA: Protecting Injured Railway Workers
First things first, what exactly is FELA and what do they do?
As it stands, FELA, or Federal Employees Liability Act, protects railroad workers throughout the nation. In fact, it is similar to worker’s comp benefits, but it’s not quite a carbon copy. Many people are familiar with the basics of worker’s comp. However, FELA protections remain less talked about— being that the field is a little less common. For this reason, you may have some questions if you are facing an injury while working within the railroad industry.
Most Common Questions and Concerns
Can I file a FELA claim if I’m in the office? One common question people have is whether they can still file a claim even if they are not working directly on the railroad. In most cases, the answer is yes. Most employees will receive FELA coverage even if their primary duties are not working around the trains or tracks.
What does ‘featherweight fault’ mean? When dealing with FELA cases, an employee has to show that the employer was in some way at-fault for the accident. This negligence can be in just a small way. Therefore, the term featherweight fault comes in. As long as you can prove some form of negligence, no matter how big or small, then the employer is liable.
What is comparative negligence? Comparative negligence will be a type of defense the railroad company may attempt to prove. In short, they will try to say that your own negligence contributed to your accident rather than theirs.
What is alternative dispute resolution? Rather than sending the case straight to trial, a judge may require mandatory conferences. In these meetings, you and your attorney will try to agree on a settlement with the company.
Understanding Your Rights
In these cases, it is important to first understand the basics. From there, you may want to speak with someone who can help you further understand the laws and your rights before moving forward. You deserve compensation for your injury, and you will get it, but first, you must go about it the right way.