FELA Injury Claims

FELA claims are complex. Success requires experienced legal counsel.

When railroad employees are injured on the job, they are not eligible to file a typical worker’s compensation claim. All claims are subject to the Federal Employers Liability Act (FELA), while long term disability and retirement benefits are administered by the Federal Railroad Administration (FRA).

In a worker’s compensation claim, the worker must only prove that he or she was injured ‘on the job’. No claim of liability by the employer is necessary. Compensation is then set and distributed by the appropriate state government agency.

Awards from successful FELA claims are usually much larger than those from state worker’s compensation claims, but railroad employees making a FELA claim must prove that the injury they sustained on the job was caused by the owner or operator of the railroad company. This means that through some action or inaction in the workplace the railroad company is, at least in part, liable for the accident. The phrase “at least in part” is very important because it places a FELA claim into the “featherweight” category, meaning that the burden of proof for liability is small. If the railroad company can be proven to be liable, even in a minor way, then they will be found liable for the injury in the claim.

The FELA lawyers at Arnold & Itkin LLP can help you navigate the complexities of a FELA injury claim. Our experienced lawyers and accident investigators can help you build a strong and persuasive case.

For a free consultation, contact a railroad injury attorney at Arnold & Itkin LLP by calling toll free (866)222-2606 or by submitting the form at the top of this page.

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