Houston Railroad Accidents

FELA Lawyer Protection

A railroad worker faces a dangerous work environment that is filled with potential safety hazards. This was especially so at the turn of the last century, when in 1908 Congress passed the Federal Employers Liability Act (known as "FELA") for the protection of the thousands of railroad workers employed nationwide. FELA established and continues to provide a federal system of legal recovery for railroad workers and their families for injuries suffered by the railroad worker while on the job. Claims under FELA can be made directly to the responsible employer or railroad company, and may also be brought as a suit either in federal or state court. While providing a basis for a legal claim for injuries suffered by railroad workers, at the same time FELA provides railroad companies and employers with something of a uniform liability standard when it comes to working conditions and employee safety on the job.

Railroad Workers Liability

Unlike no fault workers' compensation laws under which an injured worker does not need to establish any fault by the employer, if you bring a FELA claim you will need to show that the railroad was somehow negligent and caused your injuries.

Under FELA, railroad companies and employers owe railroad workers a number of duties, the violation of which can result in a finding of liability under FELA. These include the duty to:

• Provide a reasonably safe work environment, equipment, tools and safety devices
• Inspect the work environment to ensure it is free of hazards, provide adequate training, supervision, assistance and help to employees in their job functions
• Ensure workers are safe from harmful intentional acts of others
• Enforce safety rules and regulations
• Prevent use of unreasonable quotas

It is important to note that the amount of fault that needs to be shown in a FELA claim is less than the degree of fault that one needs to establish in an ordinary negligence claim. A person bringing a FELA claim need only show that the defendant was somehow negligent, and that such negligence, no matter how small in its relation to the injuries suffered, played some role in causing those injuries. This is sometimes known as a "featherweight" burden of proof, and it gives an advantage to the FELA plaintiff seeking a legal remedy for injuries.

FELA Statute of Limitations

Under FELA, you have three (3) years to file suit or settle your claim.

Railroad Worker Compensation

A successful FELA lawsuit can usually result in compensation for:

• Past and future wage loss
• Past and future medical treatment
• Past and future pain, suffering and mental anguish

In the unfortunate event that a workplace injury results in the death of a railroad worker, under FELA the worker's surviving spouse and children will be able to receive compensation. If the worker has no spouse or child at the time of death, this compensation will usually go to any surviving parents or other close family members.

Railroad Worker Accident Checklist

if you are hurt while working for the railroad, you should do the following:

• Obtain the very best medical care that you can through your own doctors
• Contact an attorney for free confidential advice
• Be sure the accident was reported to the railroad and to the union
• Do not give a written or recorded statement to a claim agent or anyone else until you have the opportunity to discuss the matter with your attorney
• Write down, remember and if possible, photograph details of the accident and your injury
• Write down the names, addresses and phone numbers of anyone who witnessed the accident
• Apply to the railroad retirement board for sickness benefits to which your are entitled under the law

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