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In-Depth Overview FELA

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Frequently Asked Questions about FELA

Q: I work for a railroad company, but I spend very little time out of an office. Can I still pursue a FELA claim.

A: Most likely. Almost any worker employed by a railroad company will be protected under FELA if they are injured on the job, including those whose primary duties are not performed in or around trains.

Q: I'm a railroad worker and I recently filed a FELA claim for an on-the-job injury. Will there eventually be a court trial?

A: Not necessarily. Very soon after conducting separate investigations into what happened, you and your attorney, the railroad company, and all other parties will likely discuss the settlement of your FELA claim. Only if no agreeable settlement of your claim is reached will your case proceed to a trial by jury.

If an equipment defect causes an injury to a railroad worker, the employer will likely be liable for those injuries under FELA, based on its failure to properly inspect the work environment.

FELA Attorneys with National Practice

At Gordon & Elias, L.L.P., in Houston, Texas, our FELA attorneys Link represent clients across the United States who have been injured as railroad employees. With over 38 years of combined experience, we handle claims from California to Louisiana, from Texas to Ohio. We understand the FELA process and will work hard to help you get full and fair compensation for your losses. Contact us for a free initial consultation.

FELA - An Overview

A railroad worker faces a dangerous work environment filled with potential safety hazards. This was especially so at the turn of the last century, when in 1908 Congress passed the Federal Employers Liability Act (known as "FELA") for the protection of the thousands of railroad workers employed nationwide. FELA established and continues to provide a federal system of legal recovery for railroad workers and their families, for injuries suffered by the railroad worker while on the job. Almost any worker employed by a railroad company will be protected under FELA if they are injured on the job, including those whose primary duties are not performed in or around trains. Claims under FELA can be made directly to the responsible employer or railroad company, and may also be brought as a suit either in federal or state court. While providing a basis for a legal claim for injuries suffered by railroad workers, at the same time FELA provides railroad companies and employers with something of a uniform liability standard when it comes to working conditions and employee safety on the job. If you or a loved one has suffered an injury while employed as a railroad worker, it is important to speak to an attorney from Gordon & Elias, L.L.P. in Houston, Texas, who is experienced in FELA claims to ensure that you understand your legal right to compensation.

FELA - Employers' Workplace Duties

When Congress enacted the Federal Employers Liability Act (known as "FELA") for the protection of railroad workers nationwide, it not only created a system where injured workers could receive legal compensation for their injuries, it also provided railroad companies and employers with something of a uniform standard for working conditions and employee safety on the job. Basically, FELA requires that railroads provide their workers with a reasonably safe work environment at all times and in all situations If you are a railroad worker who was injured on the job, or if you lost a family member in a railroad accident, it is important to speak to an attorney from Gordon & Elias, L.L.P. in Houston, Texas,

FELA - OSHA & Workplace Safety

One of the easiest ways to prove that a railroad company/employer is liable for your injuries under FELA is to establish that some federal workplace safety regulation was violated in connection with your injuries. Occupational Safety and Health Administration (OSHA) safety standards and regulations apply to work done by railroad employees, so it is helpful to have a general idea of your rights under OSHA as a railroad employee. Remember that where railroad employment is concerned, OSHA standards are not the only federal guidelines that can govern workplace safety. Other such standards that might come into play in a FELA claim include the Boiler Inspection Act and the Safety Appliance Act. Your attorney will assess the applicability of any and all work environment safety regulations in your case, in making a determination as to who is responsible for your injuries.

FELA - Claim Chronology

If you have suffered injury as a railroad employee and you file a claim under FELA, you may be a little unsure of what to expect. Any lawsuit is a complicated process, and it can be full of unpleasant surprises and frustrating delays. Remember that there are at least two parties to every action, and that means the schedule and the events that take place can be out of your hands.

FELA - What To Do If You Are Injured

The events that occur immediately after any workplace injury are often the most critical to the rights of the injured employee, and claims under FELA are no different. If you or a loved one have been injured while employed as a railroad worker, it is important that you take certain steps and precautions after the incident, to ensure that your rights to compensation under FELA are not compromised.

FELA Resource Links

Federal Railroad Administration
From the U.S. Department of Transportation, includes information on railroad development, safety, and legislation.

AFL-CIO
Links to information on occupational health and employee rights in the workplace.

National Transportation Safety Board
A government agency investigating transportation safety issues and causes of accidents.