Houston Railroad Accident Attorney
Railroad work is dangerous. Employees of the railroad are exposed to serious risks of injury everyday.
Because of this danger, the U.S. Congress passed the Federal Employers’ Liability Act (FELA) in 1908.
For over 100 years, the FELA has provided the only legal remedy for railroad workers injured or killed while in the service of the railroad.
Railroad employees are not eligible for state workers’ compensation benefits. The Houston railroad accident lawyers at Ben Bronston & Associates are available to answer your questions after you have experienced personal injury on a Train.
Significant Differences in FELA and State Workers’ Comp Laws
FELA was created before states began crafting laws to compensate workers who were injured in accidents at work. It is not surprising, therefore, that there are significant differences between FELA and most states’ workers’ compensation laws.
Perhaps the most significant difference is that most states provide for compensation of employees injured at work regardless of whether the employee was at fault in their accident. With a FELA claim however, the employee must show that the employer was negligent and that this negligence contributed to, and was the cause of the injury. This is a significant hurdle that most employees do not have to face in a workers’ comp claim.
Proving Negligence of the Employer
The employee may show that the employer was negligent in failing to create workplace rules sufficient for ensuring the safety of all employees by failing to adequately train and onboard new employees, in failing to provide necessary manpower to ensure that work could be conducted safely, or in failing to ensure that proper equipment and tools necessary to do the job in a safe manner are provided. Should negligence in any of these areas cause an accident that led to your injury, you may have a claim under FELA.
Even if you were partly responsible for your injury, this will not preclude you from seeking compensation under FELA. If the employer was negligent in providing a reasonably safe work environment, the fact that you were partly responsible does not prevent you from receiving compensation under FELA.
FELA operates under what is known as a pure comparative standard for awarding compensation. If the employer’s negligence was 90% at fault for causing your accident, your compensation would be reduced by the 10% it was found that you contributed to your accident. You may still bring suit and receive compensation, but the courts will reduce it by the amount the judge or jury found you at fault in the accident.
Damages That Can Be Compensated Under FELA
While FELA does create this additional hurdle to being compensated for damages, the damages you may seek for your FELA claim are substantially broader than most traditional workers’ comp claims would allow. Where most workers’ comp claims will only allow you to seek damages for medical expenses, disability, and missed wages due to lost time at work, FELA claims allow for those damages as well as damages due to physical pain and suffering, mental and emotional suffering, and lost earning capacity.
Compensation for non-economic damages such as physical pain and suffering and mental and emotional suffering can often be substantial, and are a significant part of any claim under FELA. Any resulting diminishment of earning capacity due to the accident may form a substantial part of a claim as well. Usually, establishing these factors may require expert testimony on what a customary earning potential may be for someone in your position, and what you may expect to see as a result of the injury.
Significant Time Limits for Bringing FELA Suits
Since FELA is governed under federal law, it also sets the time period during which one can bring a suit under FELA to collect damages resulting from your injury.
In most cases, the time limit is set at three years from the date of the injury. In many circumstances, there is a clear date at which your injury occurred, so this is a simple matter of determining the latest date you are eligible to file a claim.
However, in many circumstances, it can be difficult to establish exactly when an injury occurred. For these circumstances, it is three years from the time you knew, or should have known, that you have an injury and it is work related.
Filing claims for injuries under FELA is often a complex matter. Your attorney can help guide you through this process and provide clarity on what will be necessary to get you the compensation you need for your injury.