What Are Common Injury Claims Filed Under FELA Protection?

FELA stands for the Federal Employers Liability Act, which was passed in 1908. The act was initially enacted in 1906, but it was quickly thrown out by the U.S. Supreme Court, being declared an unconstitutional act. The FELA was the federal answer to many states' own laws and demands for federal regulation for railroad workers and their safety on the job. Because of the increasing number of workers that were taking jobs on the U.S. railroads, legislators felt that there was a need to ensure that employers were held responsible for worker injuries and deaths.

FELA is designed to pick up where workers' compensation ends. Workers now have an additional way to sue companies for injuries and ailments that might be the fault of the employer but outside of the workers' compensation legislation. Workers can use FELA to get payment for pain and suffering, which is given based on the level of negligence instead of the benefits schedule like workers' compensation benefits are paid. Unlike workers' compensation that is paid immediately, workers have to prove that the railroad was negligent to a legal point in order to be awarded damages under the FELA.

Typically, workers file claims that are not handled by their workers' compensation insurance to seek compensation for coupling injuries due to repetitive incidents (sitting, standing, train movement, etc.), for illnesses and injuries related to WBV, or Whole Body Vibration, and anything that is a cumulative trauma that might not be considered a workers' compensation claim but more of a job hazard. FELA attorneys fight to get the compensation that people deserve for their injuries, no matter what those injuries might be. As long as they are protected by the FELA, workers can file just about any claim that they want.

Whole Body Vibration is a common issue among railroad workers who spend their time on trains. Because of the constantly moving nature of the train, the body suffers damage and wear over time. Therefore, when workers' compensation won't cover a situation, it is often related to this type of incident. Anyone who works on the railroad needs to understand that WBV and cumulative trauma claims are very popular and well-deserved when it comes to filing FELA claims against a railroad company. Any professional FELA attorney can help you fight your case and get the compensation that you deserve, as long as you are willing to ask for their help.