FELA and your rights

Railroad litigation is a unique and specialized area of law. When a railroad worker is injured on the job, he or she doesn’t have the same workers’ compensation protection as most other workers. Instead, the right to compensation is governed by the Federal Employers’ Liability Act, commonly called FELA.

Enacted by Congress in 1908, FELA is one of the most important pieces of social legislation of the early Twentieth Century, protecting the rights of tens of thousands of railroad workers injured or killed in the great westward expansion of rail service. Before FELA, if a worker was 10% at fault for an accident and the railroad was 90% responsible, the worker recovered nothing. With the passage of FELA, if the railroad has been at all negligent it must bear some of the responsibility for financial damages, in proportion to the percentage of responsibility it bears for the injury or accident.

Generally speaking, compensation under FELA can be considerably greater than under the state workers’ compensation system. While state workers’ compensation claims are capped, often at extremely low levels depending on the state, the federal FELA law allows recovery of the following damages:

• Past and future lost wages and benefits
• Past and future medical expenses
• Past and future pain, suffering and mental distress

If a railroad worker is killed, his or her spouse and children may be entitled to compensation, including the amount of income the deceased worker would have contributed to the family during his or her life, plus comfort and counseling for minor children.

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Why you need Hunegs, LeNeave & Kvas

We are an experienced, union-designated law firm. Our attorneys understand the complexity of FELA and railroad injury cases. We know the tactics railroad companies and their claim agents use to minimize the compensation of injured workers.

Hunegs, LeNeave & Kvas employs experienced investigators, all of whom have worked for the railroad. Our investigators have firsthand knowledge of the railroad workplace. Our investigators can uncover important details establishing the railroad’s negligence in providing a safe workplace, proper training, adequate tools, and more. These investigative details make the difference for you, giving us the leverage to demand the maximum compensation for your injuries. We know what is appropriate compensation, and we are prepared to take each case to trial and prevail for you if employers or their insurers fail to offer full compensation.