The Federal Rail Safety Act (FRSA)

Our team knows that how you win matters, and our success is driven by a personal approach to each client relationship. We begin with seeking to understand the whole portrait of impact, provide a tailored strategy that protects what matters to you, and then build the case that helps you re-build your life.

FELA: Benefits

In the years since the passage of the FELA, the United States Supreme Court has gone to great lengths to emphasize the jury’s all-important role in FELA cases. The court has held that under the FELA, the right to trial by a jury is “part and parcel“ of the remedy.

FELA: Medical Treatment

Although the FELA is a negligence based statute, it is nevertheless “an avowed departure from the rules of the common law” and is designed to protect railroad workers who “are helpless to provide adequately for their own safety.”

FELA & The Injured Worker

Injured railroad workers are covered under the Federal Employers’ Liability Act (FELA). They are NOT covered by Workers’ Compensation and are NOT entitled to automatically recover damages. Instead, injured railroad workers must prove the railroad was negligent in failing to furnish a reasonably safe work place and/or the proper equipment for work.

Handling Your Injury

Verbally report the injury immediately. Seek medical attention if you feel necessary. By rule you must complete the injury report before leaving the premises unless you are unable to. If you are in pain and have been given pain medication, insist on doing the injury report after you have a clear head.

FELA: Negligence and Statutory Violations

Over 100 years ago, Congress passed the FELA to provide compensation for railroad employees injured on the job. In passing this law, Congress sought to shift the cost of the “human overhead” of railroading from the injured employees to the railroad.
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