FELA and Your Rights to Legal Recovery
The Federal Employers Liability Act entitles many injured rail workers to legal recovery
If you have been injured in a rail accident or suffer from a medical condition related to working for the railroad, you may be entitled to compensation through the Federal Employers Liability Act (FELA). The act allows you to file suit in state or federal court and seek legal recovery for any injuries or medical conditions that resulted from your railroad employment.
At Cooper Hurley Injury Lawyers, we have extensive experience working on behalf of FELA claimants. We can help negotiate a settlement with the railroad's claims department, or take your case to trial to get you the compensation you deserve.
How much can I recover after an accident on the job at the railroad?
Your attorney cannot predict or guarantee a result from litigation. However, there are some parts of the law that outline the factors that a favorable court decision may take into account:
- The severity of the injury — An award of damages takes into account the seriousness of the injury you’ve suffered.
- Whether it was the result of negligence or an unsafe working condition — A company’s failure to use due care is the basis for a negligence lawsuit. An injury caused by a violation of state or federal regulations usually signals a failure to use due care.
- The long-term effect of your injury or illness — A judgment for damages might consider how an injury or condition impedes your health, career and finances.
- Whether your injury was worsened by a preexisting condition — The total award may be mitigated if the severity of the injury was due in part to a condition not related to the negligence of the company.
- Your pain and suffering, including any future pain and suffering — Major injuries and the onset of significant illness can cause severe mental and emotional trauma. A court is permitted to consider that trauma as a factor when calculating your award.
- Lost earnings and benefits — A severe injury can prevent you from working for weeks, months and even years — or permanently. The income and other benefits you would have received during this period can be factored into a final award.
- Past and future medical care — Medical care is extremely expensive, and rehabilitation following a significant incident can last for years. Our firm works to make sure your final award covers all past and future medical costs.
Many FELA cases are not settled, but fought in the courtroom. Our firm can aggressively represent you both in the litigation process so that you receive the maximum possible amount.
FELA recovery following the death of a loved one
Dangerous working conditions sometimes force families to confront the unthinkable. If you have lost a loved one due to a railroad company’s negligence, FELA allows your family to recover damages through a personal representative like the administrator of the decedent’s estate. An award of damages for wrongful death as a result of a railroad accident takes into account:
- Damages for pain and suffering the individual experienced before passing away
- Medical care and funeral expenses
- Future financial losses resulting from your loved one’s death
An action for wrongful death can be based on any form of negligence on the part of the railroad company, including instances like head-on train collisions, derailments, or amputation of a leg or arm from a rail yard accident.
Contact us to learn more about the process for receiving compensation through FELA
At Cooper Hurley Injury Lawyers, we draw upon our breadth and depth of knowledge of FELA law to help injured rail workers receive the compensation they’re entitled to. Attorney John Cooper chairs the FELA Litigation Group of the American Association for Justice, offering clients a distinct advantage in their claims. We offer free case evaluations and contingency fee payments, so you do not owe us anything until you receive compensation. To schedule an appointment, contact us at 757.455.0077 or online to learn how we can help you.