FEDERAL EMPLOYERS LIABILITY ACT (FELA)
FELA guarantees your right to recover
While employees can be injured at any workplace, certain industries pose higher risks to workers, including those who toil on and around railroads. Noting the inherent dangers of this industry, Congress enacted the Federal Employers Liability Act in 1908, which provides legal protection for workers injured in train accidents.
Not every state requires an employer to carry workers’ compensation insurance, and Texas is one that does not. Under FELA, railroad workers and their families are federally guaranteed a means to seek recovery if they are injured on the job. This system offers advantages to employees, who can seek redress, and employers, who are somewhat protected from liability.
If you’ve been injured in a railroad accident on the job, you may be able to seek compensation through the Federal Employers Liability Act (FELA).
Get an attorney who fights for Texas employees
Proving liability under FELA
Unlike traditional workers’ compensation that does not require an employee to prove fault on the part of an employer, under FELA, employees must show that an employer failed to provide a reasonably safe place to work. Additionally, the worker must show that this failure resulted in the personal injury for which the employee is seeking relief.
Under FELA, employers owe certain duties to employees, and a failure in this regard can result in liability. These duties include:
- Provide a reasonably safe work environment.
- Inspect the work environment.
- Provide adequate training and supervision.
- Enforce safety rules and regulations.
If claimants are able to prove that an employer has failed to meet its standard of care and this resulted in the injury or death of a railroad worker, they may be eligible for benefits under FELA. It may also be necessary to pursue a wrongful death claim.
Work with an attorney who knows FELA
If you’ve been injured at work, you will need a dedicated lawyer and will need to meet with them as soon as possible. Attorney Shane Kadlec has years of experience helping injured workers throughout Texas, including those seriously injured in railroad industry accidents. The Law Office of Shane R. Kadlec offers free initial consultations. Shane is happy to visit you at home or your hospital room if you’re unable to make it to him.
"Shane showed genuine concern about my well-being. He not only gave me excellent legal service, he did so with compassion and integrity."--Tracy