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Railroad workers engage in extremely hazardous work, which can lead to catastrophic injuries and even death, often due to no fault of the workers themselves. Unlike most other professions, railroad workers do not have the benefit of Workers Compensation statutes to help them when they are injured on the job. In recognition of this, and in an effort to help workers and their families, in 1908 the United States Congress enacted the Federal Employees Liability Act (commonly known as "FELA"). FELA is a law whose purpose is to protect all railroad workers when they get injured on the job, and to protect their families if the worker gets killed on the job.
Under FELA railroads are required to provide their employees with a "safe place to work." This means that railroads must provide safe cars, engines, appliances, machinery, track and roadbeds to work on. It also means that they must provide safe equipment, tools, and ergonomically safe working conditions for their workers. If the railroad fails in implementing and maintaining these safety precautions for its workers, or if the worker is injured or killed through the carelessness of any officer, agent or employee of the railroad, the railroad is responsible. Even in those occasions where the injured worker is partially or primarily at fault for causing his own injuries, he is still entitled to recover damages under the FELA.
Unlike workers' compensation laws, the Federal Employers Liability Act (FELA) also allows injured railroad workers to make claims and recover damages for pain, suffering and emotional distress if they can show that the railroad was negligent or if the railroad failed to provide a safe place to work.
Under FELA, an injured railroad employee MUST bring a lawsuit within three years from the date of injury, or the Statute of Limitations will forever bar the filing of a lawsuit. It is very important that an injured railroad worker contact an attorney immediately, to help him navigate through the confusing maze of laws, and to ensure maximum protection for their rights and their families.
New York Office of Hofmann & Schweitzer
360 W. 31st Street
New York, NY 10001
Phone: 212-465-8840
Toll Free: 1-800-3-MAY-DAY (362-9329)
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New Jersey Office of Hofmann & Schweitzer
1130 Route 202 South, A7
Raritan, NJ 08869
Phone: (908) 393-5662
Toll Free: 1-800-3-MAY-DAY (362-9329)
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