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Railroad workers who are injured on the job have the right to seek compensation under the 1908 Federal Employers’ Liability Act (FELA). Before the enactment of the FELA, railroads would ignore employee safety and routinely defeat the claims of injured workers. The FELA covers many types of injuries:
- Bodily injuries related to accidents
- Wrongful death and dismemberment
- Occupational diseases caused by exposure to dangerous materials like asbestos and benzene
- Injuries due to cumulative trauma and repetitive stress
Railroad workers who can show that their injuries were caused in whole or in part by the railroad’s negligence can pursue maximum compensation for a range of damages, including:
- Lost wages and lost earning capacity
- Lost fringe benefits
- Medical and life care expenses
- Pain and suffering
- Disability
- Emotional distress and PTSD
At The Gori Law Firm, Bob Marcus and our attorneys are ready to help you pursue maximum compensation under FELA. Mr. Marcus represented locomotive engineer Bob McBride and was victorious in the landmark FELA case CSX Transportation v. McBride, which was argued before the United States Supreme Court by Marcus’ co-counsel David Frederick. This landmark ruling will greatly impact future FELA litigation across the country because states must now follow the mandate of the McBride decision in amending their respective pattern FELA instructions.
How Is FELA Different From Other Workers’ Compensation Programs?
State workers’ compensation laws do not apply to the railroad industry. The FELA is a fault-based system, where the injured railroad employee needs to show that the negligence of the railroad caused his injuries. By contrast, under most state workers’ compensation programs, it is unnecessary to prove fault after an accident. Under the FELA, examples of fault or negligence are:
- Railroad requiring the use of defective or improper equipment
- Negligent railroad management
- Hazardous and dangerous working conditions on or off railroad property
- Careless railroad employees
Although the proof of negligence is required under the FELA, the tradeoff is substantial — FELA awards are determined through litigation in state or federal court, much like a typical personal injury lawsuit. For this reason, the awards in FELA suits can potentially be much higher than a workers’ compensation payout.
Why An Experienced Attorney Can Make A Big Difference In Your Case
The Federal Employers’ Liability Act has been around for more than a century, and its provisions have been interpreted in thousands of cases in state and federal courts. With so much diverse legal precedent guiding current court decisions, the outcome of any given FELA case sometimes comes down to the skills of the plaintiff’s attorney. Our multimillion-dollar results speak for themselves.
Our attorneys have more than 100 years of combined legal experience, and our firm has a record of strong advocacy on behalf of injured railroad workers across the country. You and your family need and deserve the most skillful representation you can find from lawyers who are well-versed in FELA. That’s what you’ll find when you contact our firm.
Contact Us To Discuss Your Case
We proudly serve injured railroad workers nationwide. To discuss your legal options with one of our attorneys, contact us today
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