FEDERAL EMPLOYERS’ LIABILITY ACT
AND OTHER RELATED BENEFITS

	Pen & Ink of Steam Locomotive

FEDERAL EMPLOYERS’ LIABILITY ACT (“FELA”)

Railroad workers who are injured on the job seek compensation for their injuries under the Federal Employers’ Liability Act of 1908 (FELA). FELA is a tort-based approach to compensation for a job injury in contrast to the no-fault approach for workers’ compensation systems. FELA covers freight railroad workers, National Railroad Passenger Corporation (Amtrak) workers and commuter railroad workers. FELA usually provides higher benefits to injured workers as well as incentives for the railroad to provide a safer workplace. Damages under FELA include compensation for medical expenses, lost wages, disabilities, future loss of earnings and pain and suffering. The injured worker must show that the employer is negligent. The award for damages sustained can be reduced for employee comparative negligence. An injured worker can receive no compensation at all if the injury is judged to be entirely the worker’s fault.

OTHER RELATED BENEFITS

MEDICAL EXPENSES: Medical expenses for job injuries are handled through a health insurance plan and employees are eligible for these benefits regardless of employer negligence.

SICKNESS BENEFITS: Sickness benefits are provided to eligible employees through the Railroad Retirement Board. Eligible employees are not required to show employer negligence to receive these benefits. However an injured employee is not eligible for sickness benefits while receiving any pay, including wages, salary, pay for lost time, dismissal allowance etc.

SHORT TERM DISABILITY: Short term disability benefits may be available to workers who have purchased it on their own or through their union.

Sickness benefits and short term disability benefits may need to be repaid from any recovery received from the railroad.

LONG TERM DISABILITY: Long-term disability benefits are provided to eligible employees through the Railroad Retirement Board for either occupational disability or total disability.

CASH ADVANCES & CONTINUING PAY: The railroad is likely to pay cash advances and continue paying wages if it believes the employee is likely to secure a FELA settlement.

If you or a loved one is in need of legal assistance, call Lavis Law Firm at 504-558-9151 or toll free 866-558-9151 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Toll Free Phone: 1•866•558•9151 • email: info@lavislaw.com