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:
An Alabama FELA attorney can help an injured railroad worker recover the following types of damages:
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.