What is the Federal Employers Liability Act (FELA)?
FELA was designed to put on the railroad industry some of the costs of the legs, eyes, arms, and lives which it consumed in its operations. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability of negligence.
Wilkerson v. McCarthy 336 U.S. 53, 68 (1949) (Concurring opinion of Justice William Douglas).
As Justice Douglas understood over 60 years ago, railroad employees routinely perform dangerous jobs under all sorts of challenging conditions, and as a result, they sometimes suffer serious injuries. FELA requires the injured railroad worker prove the railroad company’s negligence. After proving negligence, the injured railroad worker is entitled to full compensation for the injuries.
Unlike standard workers’ compensation claims, a FELA claim allows an injured railroad worker to pursue damages directly from the employer when negligence can be shown. These cases often involve issues such as unsafe working conditions, inadequate training, or failure to provide proper equipment. Careful investigation and attention to detail are important in developing a successful claim.
Railroad injury cases may involve significant medical treatment, time away from work, and long-term consequences for the injured worker and their family. Our firm works with clients to gather the necessary information, evaluate the circumstances of the injury, and pursue appropriate compensation under the law.
We represent railroad workers in Billings and throughout Montana in FELA claims.
FELA Lawyer with Industry Experience
David P. Legare is a former member of the National Association of Railroad Trial Counsel. Before starting our firm, he defended a national railroad company from Federal Employers Liability Act and Federal Rail Safety Act (FRSA) claims. He now uses his experience and knowledge to protect injured railroad workers and fight for their full compensation.
If you have suffered an injury caused by a railroad, please contact us at (406) 294-9450 or online.