I am so sorry to hear about your workplace accident. Unfortunately, railroad workers have a higher risk of injury on the job than most other occupations. The fatality rate for railroad workers is over double that of all other work-related deaths.
The railroad industry has its own special compensation program, which is called FELA (Federal Employers Liability Act). FELA was created by the federal government in the early 1900s as a way to pay railroad workers for their injuries above and beyond regular workers’ compensation. Because of the high amount of employee injuries and deaths caused by the railroads, the government decided that the railroads should be burdened with the costs of these injuries.
FELA is different from workers’ compensation in several ways. First, under workers’ compensation laws, the injured employee does not have to prove that the employer was at fault in order to make a claim. Under FELA, the employee must prove that the employer was at least partially to blame for the accident. Under workers’ compensation laws, employees cannot recover anything for pain and suffering. Under FELA, the injured employee can be awarded damages for pain and suffering.
FELA is a unique set of laws that applies only to the railroad industry, and it’s important that an injured railroad employee have legal representation, particularly since the employee must be able to prove that the employer was negligent in some way. Having an attorney who is educated on FELA cases can help the employee a great deal.
If you have been injured on the job as a railroad worker, you should speak to an attorney. You have extra legal rights that a qualified attorney can help you protect. If you are in Los Angeles call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I will provide you with a free consultation on your case. Call today to learn more.