DAD WAS INJURED ON THE RAILROAD, WHAT CAN WE DO?

It is no secret that working for the railroad can be one of the most financially beneficial jobs in our area of Kentucky.  However, it can also be a very dangerous job.  Recent mining accidents remind us that so many other workers are also forced into risky environments everyday and that company mistakes can mean a loss of income for the entire family and significant medical expenses.  While railroading may not present the obvious life-threatening work that many miners perform, it can be a job filled with pitfalls leading to serious injury. 

While most employees in America are covered by workers’ compensation, the railroader is not.  Instead, the Federal Employer’s Liability Act (FELA) is designed solely to cover cases involving injured railroad workers.  FELA was enacted by Congress in 1908 to provide benefits for railroad workers who sustain injuries in the scope of their employment. Unlike state Worker's Compensation laws which provide benefits on a no-fault basis, FELA is based on the principles of fault. To recover damages in this type of claim, the injured worker must establish that the railroad caused or in some way, contributed to the accident. FELA damages to which an injured railroad worker is entitled to receive under FELA, are not limited to any certain amount.

As in most injury cases, there are requirements to recover under FELA.  There are three basic requirements that an injured railroad worker must establish to recover damages under the Federal Employer's Liability Act:  First, the accident must have occurred in the course and scope of the worker's employment with the railroad. The Act does not require that the accident happen on railroad property, as long as the injury occurs in the furtherance of the worker's employment.  Second, the railroad must be engaged in interstate commerce between two (2) or more states.  Finally, the railroad must have caused or in some way contributed to the injuries sustained by the worker.

If the above are proven, the injured worker can recover past and future pain and mental suffering, past and future disability, paster and future medical and hospital expenses, and past and future lost earnings.  If a death occurs, additional benefits may also be available. 

There are strict time limits on bringing an action to recover under FELA.  The case must be filed within three (3) years of the date of the accident.  In the case of repetitive stress injuries and occupational diseases, the three (3) year statute of limitations begins to run when the injured worker knew, or reasonably should know, that they may have a work-related injury?

If you, a friend or loved one has been injured on the railroad, it is important to contact an attorney who knows the FELA system.  Contact us at 877-524-5100, 606-523-5100 or shane@copelandandromines.com