What is FELA? The Federal Employers Liability Act offers important protections for railroad workers injured on the job. These workers in Chicago and elsewhere may be eligible for large amounts of compensation if they can show their employers were negligent. FELA is not the same as workers’ compensation, and FELA claims can be tricky. Experienced lawyers should be able to help injured workers with the FELA process.
Call Ankin Law at 312-600-0000 for help with railroad worker injuries.
What Is FELA?
FELA is short for the Federal Employers’ Liability Act. Enacted in 1908, it is a federal law that has helped protect and compensate railroad workers injured on the job. Chicago is in the United States, and Illinois boasts more than 7,300 miles of track. It has the second-largest rail system among the states.
Injured workers must prove that the railroad company was legally negligent in a way that partially or wholly led to the injuries. This negligence can take the form of improper equipment maintenance, unsafe working conditions, inadequate training, or failure to enforce safety regulations.
The railroad employer must operate in interstate commerce between two or more states, and this covers nearly all railroad jobs. For example, FELA applies to almost all railroad engineers, conductors, and maintenance staff.
How Does FELA Differ From Workers’ Compensation?
A major difference between FELA and workers’ compensation is the no-fault nature of workers’ compensation and the fault-based nature of FELA.
Workers’ Compensation Generally Does Not Cover Railroad Workers
Knowing what to do after an accident at work can be confusing. Workers’ compensation helps many employees, while FELA covers the majority of railroad workers. It also makes them ineligible for workers’ compensation. To get benefits for job-related injuries, railroad workers must pursue FELA claims.
If a FELA claim is not successful, the options available to railroad workers include appealing the FELA decision, filing a new FELA claim, negotiating a settlement with the railroad company (to avoid even more litigation and appeals), and seeking benefits such as SSDI or private disability insurance.
FELA Is Fault-Based
The requirements for workers’ compensation eligibility are lower. Employees can get benefits no matter who was at fault for their injury. In other words, workers can get compensation even if they are the ones at fault for their injuries. Exceptions do exist, including for intoxication, drug use, purposeful self-harm, criminal activity, and company policy/safety rule violations.
The no-fault approach for workers’ compensation gives injured workers a relatively streamlined process for getting medical care, compensation, and other benefits for which they qualify. Meanwhile, FELA requires that railroad workers hurt on the job show that the railroad’s negligence played a role in causing the injury. Here are some basic examples of how this negligence could occur:
- The railroad does not properly maintain a section of track. It causes a derailment that injures a track worker. (Improper maintenance)
- A worker slips on an oil spill in a train yard because the railroad failed to clean it up. The fall leads to a back injury. (Unsafe working conditions)
- A defective brake system causes a train to stop abruptly, injuring a worker. The railroad was aware of the defective system and did not repair it. (Faulty equipment)
- The railroad did not properly train a worker to operate machinery, and the worker was hurt while operating it. (Inadequate training)
- The railroad failed to enforce safety rules, such as mandating workers to wear protective gear in hazardous areas. (Failure to enforce safety protocols)
In these examples, action or inaction on the part of the railroad constitutes negligence and played a role in causing the worker’s injury. However, getting proof of negligence calls for a thorough investigation and legal assistance.
Since FELA is focused on proving negligence, it also helps shape safety for railroad workers. The relationship between workers’ compensation and employee safety is not as strong.
Compensation Potential Is Greater Under FELA
Workers’ compensation benefits typically cover medical expenses, some lost wages, and disability benefits. However, FELA offers the potential for injured railroad workers to recover lost wages in full, medical expenses, and pain and suffering. Punitive damages may even be possible in cases of gross negligence. Of course, FELA claims have a higher barrier to success due to requiring proof of negligence.
Why You Need Legal Representation for FELA Claims
FELA claims are complex, especially since they require proof of railroad negligence. A railroad worker injury lawyer can help injured workers better prove negligence. These lawyers possess a thorough understanding of the railroad industry, the specific regulations that apply in the case, and common defenses that railroad companies use against negligence claims.
Lawyers also have the capabilities to conduct a complete investigation of the injury and the circumstances of it. They know that railroad companies have extensive resources and can go up against them.
If injured workers try to navigate the process without legal representation, they risk being outmatched. Often, this means no compensation for devastating injuries. Attorneys can help correct the power imbalances between railroad employer and worker and increase the chances of a fair settlement.
Attorneys also protect injured workers’ rights, help workers get necessary medical care, preserve evidence, and evaluate settlement offers. Many railroad workers feel pressured into accepting lowball offers.
What Is the Process of Filing a FELA Claim?
FELA claims in the Chicago area involve several steps. The first is usually for the injured worker to report the injury as soon as possible to the company. The report should include details such as how the injury occurred, the conditions surrounding it, and if any witnesses saw what happened.
Medical attention is another important early step, coming first or second after reporting the injury. Injured workers should document all medical treatment and keep records of their medical expenses. Detailed expense records help build the case.
Consulting with a FELA attorney is another important step. The attorney reviews the case and gathers evidence. He or she may recommend negotiating with the railroad for a settlement or filing a lawsuit.
If a lawsuit occurs, the stages include discovery and pretrial motions. At trial, injured workers must show evidence that proves the railroad company’s negligence and that it played a role in causing the injury.
Why Is Timeliness Important in Filing FELA Claims in Chicago?
A statute of limitations applies to FELA claims, and a lawyer can help make sure a filing is timely. Injured railroad workers typically have three years from the date of their injury to file. They have more flexibility if the injury is not immediately apparent, or the workers did not realize until later that their injury was related to their work.
Filing FELA claims in a timely manner helps protect injured workers’ rights. Waiting too long can mean losing the right to seek compensation, even in cases of clear railroad negligence. Timely claims also help with evidence preservation, witness memories, and the railroad’s willingness to negotiate a fair settlement.
What Are Common Types of Railroad Injuries That FELA Covers?
FELA covers many types of railroad injuries, including:
- Traumatic injuries: These can be broken bones, concussions, spinal cord damage, or traumatic brain injuries. Collisions, derailments, and falls are common causes of traumatic injuries.
- Repetitive stress injuries: Operating levers, lifting heavy equipment, swinging hammers, and adjusting signal components are examples of work that involves repetitive tasks. This repetition can cause carpal tunnel syndrome, tendonitis, back injuries, or other conditions over time.
- Occupational illnesses: Exposure to diesel fumes can cause respiratory problems and other health issues. Likewise, workers with exposure to asbestos may develop mesothelioma, a type of cancer affecting the lining of the lungs.
- Psychological injuries: These can include PTSD or other repercussions a worker suffers from experiencing a traumatic event on the job. For these injuries, it can be important to know how to prove emotional distress caused by a physical injury.
What Should You Do if Your FELA Claim Is Denied?
The railroad company usually must give a reason for FELA claims denials. Examples include insufficient evidence, missing documentation, and disagreement about the extent of the railroad’s negligence. Review the reason, and take the next step accordingly. For instance, if lack of sufficient proof is a reason, you could enlist an attorney to help you gather medical evidence to strengthen your case.
You may be able to appeal through the railroad’s internal reviews process or through the court system. Your attorney can help you determine the best way forward. Other benefits such as SSDI may help with expenses in the meantime.
Working with an attorney experienced in FELA claims gives you the best chances of receiving the compensation you need. Contact us today at Ankin Law to discuss your case.
