The FELA (Federal Employers Liability Act), 45 U.S.C. §51 et seq., was enacted in 1908 to protect and compensate injured railroad workers. The FELA was brought about due to the large increase in injured railroad employees during the expansion of the railroads during the late 1800s and early 1900s. Railroad employees are not covered under workers compensation laws so the FELA law allow the worker to sue their employer over their injury claims.
Unlike workers’ compensation, FELA law requires the injured worker to establish the railroad was at fault and negligent. However, two large benefits of FELA law over workers compensation law is that in a railroad accident case, the plaintiff is allowed to present their case to a jury and recover for items such as pain and suffering and mental anguish. Further, a comparative negligence standard is used in FELA law. This means the fault of the railroad is compared with that of the injured worker. For example, if the jury returned a $1,000,000 verdict and held the employer was 80% at fault and the worker was 20% at fault, then the court would enter a verdict for the plaintiff in the amount of $800,000.
Types of FELA Injuries include:
- Neck Injuries – herniated disc, bulging disc, and spinal cord injuries
- Back Injuries – herniated disc, bulging disc, and spinal cord injuries
- Burn Injuries
- Knee Injuries – ACL, MCL, PCL, meniscus tear, ligament injuries
- Shoulder Injuries – rotator cuff tears, impingements
- Head Injuries
An Alabama FELA attorney can help an injured railroad worker recover the following types of damages:
- Past and future medical costs
- Past and future loss wages
- Pain and suffering
- Mental anguish and emotional suffering
- Partial and permanent disabilities
- Disfigurement and scarring
Our Alabama railroad accident attorneys do not charge a fee in an FELA case unless we make a recovery. If you or a loved one was injured in a railroad or train accident, contact our dedicated Huntsville Alabama railroad accident lawyers. The evaluation is free and confidential.
Email us or call us at 256-533-1667.