Charles Goetsch
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Protecting Whistleblowers & The Injured

What can I claim under FELA if injured on the railroad?

On Behalf of | Jun 7, 2021 | Fela Claims

When you work for a railroad company, it is reassuring to know you have cover in the case of injury. Yet, you might not think about what it includes or what it requires you to prove until you need to use it.

As a railroad employee, unlike most workers, you do not turn to workers’ compensation insurance but The Federal Employers Liability Act (FELA). It can allow you to seek more comprehensive compensation for a workplace injury, yet it comes with one significant condition. You need to prove that the railroad was in some way negligent or at fault.

FELA provides 3 things for injured railroad workers

There are three main areas that you can claim for under FELA cover:

  • Loss of wages
  • Medical costs
  • Pain, suffering and mental distress

In all three areas, you can claim for the past, present and future. That is important as you may have already spent or lost money due to your injury and could face considerable costs for years to come.

You can expect the railroad’s insurer to fight back when you try to claim. One way they will do so is by trying to show there was contributory negligence, in other words, that you were partially to blame for the accident. The more they can attribute fault to you, the less they will have to pay because a court will consider your role in the accident when deciding payment and adjust compensation accordingly.

Finding out more about FELA is crucial to help you get compensation for injuries suffered while working for a railroad company. Claiming can be challenging, yet so can living with the consequences of your injury.