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Railroad Injuries and the Federal Employee Liability Act

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Railroad workers at Southern Pacific standing in front of engine.

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Railroad Injuries, Workers, and the Law

The Federal Employee Liability Act (FELA) protects people who were injured while working on our nation’s railroads. It covers all work–related injuries whether they result from falls, equipment malfunctions, hearing loss from excessive exposure to noise, or exposures to toxic substances such as asbestos or diesel fumes.

Under FELA, the injured worker is entitled to damages if the railroad was at fault or negligent. Negligence includes the railroad’s failure to provide adequate training, a safe workplace, and appropriate tools and equipment.

Damages include lost wages from the time of the railroad injury, future wages, medical expenses, and amounts for pain and suffering. If the railroad worker dies from work injuries, the spouse or family members may seek compensation.

A railroad worker may file a claim within 3 years from the time of railroad injury. However, if you were injured while working for a railroad, we recommend that you seek legal help well before this date because the railroad will be busy exploring ways to limit your damages. A competent attorney can collect evidence and advise you about statements and reports. He or she can also help you select your own doctor, rather than using one chosen by the railroad.

If you are an injured railroad worker, Brayton Purcell is available to discuss your rights. Please feel free to contact us; there is no charge for an initial consultation.

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