FREQUENTLY ASKED QUESTIONS ABOUT
RAILROAD WORKER’S INJURIES
What is F.E.L.A.?
What requirements must be established for a F.E.L.A. case?
How is it different from other workers’ compensation laws?
What is negligence?
What if I’m partially at fault?
Who decides on my settlement?
How is F.E.L.A. different from traditional worker’s compensation
benefits?
How long do I have to file?
Do I have to notify the railroad after being injured on the
job?
Am I required to provide a claims agent with a written or recorded
statement?
Can I receive treatment for my injuries from a doctor of my own
choosing?
Wha are your fees?
Q. What is FELA?
A. The Federal Employer’s Liability Act (F.E.L.A.)
was enacted by Congress in 1908 to provide benefits for railroad workers who
sustain injuries in the scope of their employment. Unlike state Worker’s
Compensation laws which provide benefits on a no-fault basis, F.E.L.A. is based
on the principles of fault. To recover damages in this type of claim, the injured
worker must establish that the railroad caused or in some way, contributed
to the accident. Damages to which an injured worker is entitled to receive
under F.E.L.A., are not limited.
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Q. What requirements must be established
for a F.E.L.A. case?
A. There are three basic requirements that an injured railroad
worker must establish to recover damages under the Federal Employer’s
Liability Act:
- The accident must have occurred in the course
and scope of the worker’s
employment with the railroad. The Act does not require that the accident
happen on railroad property, as long as the injury occurs in the furtherance
of the worker’s employment.
- The railroad must be engaged in interstate commerce between two (2) or
more states. As a result of several court decisions on this issue, almost
all of the duties of railroad workers are interpreted as being in furtherance
of interstate commerce, thus satisfying this requirement.
- The railroad must have caused or in some way contributed to the injuries sustained by the worker.
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Q. How is it different from other worker’s compensation laws?
A. The F.E.L.A. is different from other laws, such as worker’s compensation laws and automobile personal injury laws. Damages are based on your individual loss, including lost wages (past, present and future), pain and suffering and loss of enjoyment of life. In order to win a case, you need to show that the railroad caused or contributed to the cause of your injury.
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Q. What is negligence?
A. Negligence is defined as the railroad’s failure to exercise reasonable care in its obligation to the employee. It could be as a result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. The courts have held that the railroad’s negligence does not have to be the sole cause of the accident. So long as the carrier was at fault in the slightest degree it is enough to establish the right to bring a claim.
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Q. What if I’m partially at fault?
A. If you are partially at fault in causing the accident the jury can reduce the award by the percentage that you were at fault. For example if the damages totaled $100,000 but it was determined that the employee was 25% at fault, the net award would be $75,000.
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Q. Who decides on my settlement?
A. Under the F.E.L.A. the injured employee may file a lawsuit in the state or federal courts and have a jury decide the damages, if any, to which he is entitled.
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Q. How is F.E.LA. different from traditional worker’s compensation?
A. It is distinguished by the fact that there is no schedule of benefits, whether weekly or otherwise to which an employee is entitled. Instead, there are elements that determine damages. They include lost wages, pain and suffering, permanency of injury and effect on life style, future pain and suffering, future lost wages, and out-of-pocket expenses including medical costs. These damages awarded under F.E.L.A. can be significantly greater than that which would normally be collected if under workmen’s compensation. It’s important to remember that when the F.E.L.A. act is involved, the railroads will make every effort to keep the amount they pay out as low as possible.
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Q. How long do I have to file?
A. Unless the claim is settled, you have 3 years from the date of the accident.
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Q. Do I have to notify the railroad after being injured on the job?
A. Yes, you must give prompt notice to the railroad after sustaining a work-related injury.
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Q. Am I required to provide a claims agent with a written or recorded statement?
A. No. You are not required to provide a claims agent with a recorded or written statement under F.E.L.A. unless your local union requires it. It is important to remember that statements are not taken for the benefit of the injured worker. The purpose of the statements taken by a claims agent is to minimize the amount of money that the railroad has to pay the injured worker. It is, therefore, critical that before you give any type of statement to a claims agent you contact us.
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Q. Can I receive treatment for my injuries from a doctor of my own choosing?
A. Yes, injured workers have the right to be treated by doctors of their own choosing. Even though frequently, the railroad will attempt to “direct” or even “force” injured workers to be treated by company doctors or clinics.
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Q. What are your fees?
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or
costs are charged unless we collect money damages for you. We advance all
costs for investigators, court reporters, expert witness testimony, accident
reconstructionists, filing fees and any other expenses related to your case.
All of the consultations with our office are absolutely free. When you recieve
compensation, meaning we have successfully concluded your case, either by
settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work on your case and is generally
between 20% and 40%. The percentage depends on the complexity and type of
case.
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No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
