FELA Lawyer for Injured Railroad Employees in Virginia
Are You an Injured Railroad Worker? Our Attorneys Can Help You Win a Federal Employers’ Liability Act (FELA) Case
Understanding your rights as an employee under specific legislation is crucial, especially for workplace safety and injury compensation.
If you are a railroad worker in Virginia or elsewhere in the United States, the Federal Employers’ Liability Act (FELA) is the law that gives a right of action in negligence against your employer for work-related injuries, illnesses, or death. Knowing what the FELA says and the steps to take to win a lawsuit or negotiate a FELA settlement will help you hold the railroad accountable for your injuries.
This article explores the specifics of the Federal Employers’ Liability Act, who it covers, what injured railroad employees must prove to win a FELA case, and what damages you can recover. Despite numerous efforts by the railroad industry to weaken the law or repeal it entirely in favor of workers’ comp, the Federal Employers’ Act remains a powerful tool for injured railroad workers to be made whole after an injury.
Keep reading to learn more.
And if you are an injured railroad worker, call (804) 251-1620 or (757) 810-5614 or complete this online form to talk with a skilled FELA attorney in Virginia.
What is the Federal Employers’ Liability Act?
In the early 1900s, working for a railroad was one of the most dangerous and deadly professions, so the United States Congress created a specific statutory framework to address train employee injuries and deaths: the Federal Employers’ Liability Act (commonly referred to as FELA).
By way of background, the FELA is a federal law that helps protect train workers from negligence by railroad companies like Norfolk Southern, CSX, Union Pacific, BNSF, and others. Under the FELA, railroads have a nondelegable duty to provide employees with a safe workplace. This continuing duty means the railroad must perform inspections and take reasonable precautions to protect railroad workers.
If a railroad company violates the FELA, then railroad employees have grounds to seek recovery of economic and non-economic damages from on-the-job injuries. The FELA also provides family members the right to pursue recovery of damages in the event their loved one dies on the job or due to a job-related injury.
The FELA is also notable because it creates a compensation system that is separate and distinct from state workers’ compensation schemes.
For context, with most work-related injuries in Virginia, the harmed employee can seek lifetime medical treatment, wage loss benefits, and payment for permanent partial disability under the Virginia Workers Compensation Act. This state system provides workers’ compensation benefits while eliminating the requirement that an employee proves the employer’s negligence or rebuts a contributory negligence defense. Who is at fault does not matter.
In contrast, with a FELA railroad accident claim, an injured train employee must prove at least slight negligence on the railroad’s part to recover compensation for their harm and losses. As the Supreme Court of Virginia has said: “A railroad has a nondelegable duty, which is continuing, to exercise reasonable care in furnishing its employees a safe place to work. FELA does not, however, hold employers to be insurers of their employees.”
Who Does the FELA Cover?
The Federal Employers’ Liability Act covers nearly every railroad employee. Its provisions hold a rail carrier liable for injury or death when the negligence of any of its agents caused or contributed to the harm.
In addition, the FELA permits recovery for injury or death from any defect or insufficiency in the railroad’s equipment (appliances, boats, cars, engines, machinery, roadbed, track, wharves, works, etc.) due to negligence.
Examples of railroad employees who may have a lawsuit under FELA include the following occupations:
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- Train Crew Members: Engineers, locomotive superintendents, conductors, guards, and brakemen.
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- Maintenance Workers: Electricians, mechanics, firefighters, and repair personnel.
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- Signal Operators: Individuals responsible for managing and maintaining railway signals.
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- Laborers: General workers involved in various tasks on the railroad.
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- Clerical Staff: Administrative and office personnel working for the railroad, such as station agents, station managers, ticket controllers, and ticket inspectors.
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- Carpenters and Builders: Those involved in the construction and maintenance of railway infrastructure
If you suffered an injury while working in one of these jobs for a railroad, call a FELA attorney to evaluate your right to compensation under a negligence cause of action.
What Railroad Worker Injuries Does the FELA Cover?
The Federal Employers Liability Act covers any injuries or diseases that railroad workers might sustain or develop while performing their duties. Here are the key types of injuries covered under FELA:
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- Traumatic Injuries: This category includes any injury resulting from a sudden event, such as a train crash or derailment. Examples are broken bones, torn rotator cuffs, severe cuts, herniated discs, head injuries, back injuries, and traumatic brain injuries.
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- Cumulative Trauma: These injuries develop over time because of repetitive motion and strain. The ability to recover damages for cumulative trauma significantly differs between the FELA and the Virginia Workers’ Compensation Act.
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- Occupational Illnesses: FELA covers diseases that result from long-term exposure to hazardous materials. This includes conditions like asbestosis, silicosis, hearing loss, and various cancers caused by exposure to toxic substances such as asbestos and diesel exhaust.
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- Psychological Injuries: Workers can claim compensation for mental and emotional distress resulting from traumatic incidents or ongoing stressful working conditions. This includes post-traumatic stress disorder (PTSD) stemming from serious accidents or near-misses.
What Monetary Damages Can You Recover Under FELA?
A viable FELA train employee injury claim allows you to pursue compensation for:
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- Any medical expenses incurred to date
- Anticipated future medical bills and related expenses
- Past and future lost income
- Loss of earning capacity
- Pain and suffering, including emotional trauma and distress
- Permanent impairment for loss of use, deformity, disfigurement, or scarring
- Loss of enjoyment of life
As you can see, most of the damages for personal injury you can recover in a car accident lawsuit are available in a FELA claim or settlement. But there are exceptions. Punitive damages, attorney’s fees, prejudgment interest, loss of consortium, and funeral and burial expenses if the railroad is held responsible for the train employee’s wrongful death are not awardable.
If you have more questions about your legal remedies as an injured railroad employee, call one of our Virginia FELA attorneys today.
Does Federal or State Law Govern FELA Lawsuits?
Whether an employer was negligent under the FELA is a question of federal law. Federal statutes and judicial precedents apply to substantive law issues.
But federal and state courts have concurrent jurisdiction over FELA actions.
This means an injured railroad worker has absolute control of the venue and may file a FELA lawsuit in state court without worrying about the defendant train company removing the action to federal court.
In FELA actions in state court, state procedural rules apply. For example, Virginia law governs the admissibility of testimony in FELA cases brought in Virginia courts.
Is the Federal Employers’ Liability Act the Exclusive Remedy for Injured Railroad Workers?
Yes.
The FELA is the exclusive remedy for damages for bodily injury to or the death of a covered railroad employee – with one exception.
You can bring a FELA lawsuit for damages and start the grievance process under the Railroad Labor Act.
What is the Burden of Proof in FELA Actions?
The standard of proof in a FELA lawsuit “is more lenient than in a common law action” in tort.
As an injured railroad worker, you need only prove that the employer’s negligence played a slight part in producing the injury or disease for which you seek damages.
Have a FELA Attorney Review Your Claim
If you have suffered an injury while working for a railroad in Virginia, remember that you can use the Federal Employers’ Liability Act to make you whole if the railroad contributed to your harm.
Our FELA lawyers are ready to review your claim, offer advice on available legal remedies, and help you prosecute viable claims. Do not leave your future to chance.
Call or email us today to take the first step toward securing compensation under the FELA.
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