Federal Employers Liability Act (FELA)
You Want the Best Buffalo, New York Railroad Injury Lawyer. Jed Dietrich, Esq. and His Superb Team of Lawyers and Paralegals at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for Injured Railroad Workers.
Railroad workers have an exceptionally dangerous job. The Bureau of Labor Statistics reports that railroad workers are more than two times more likely than all other workers to suffer a fatal injury on the job. In 2018, there were 3,840 railroad employee injuries according to the Bureau of Transportation.
The high risk of injury or death sparked the need to protect railroad workers. As a result, the Federal Employers Liability Act (FELA) was passed in 1908 to provide compensation to railroad workers who were injured because of the fault of the railroad. To learn more about the history of FELA, click here.
If you, or a loved one, were injured while working on a railroad, you deserve the best personal injury lawyer in Buffalo, New York. Jed Dietrich, Esq., a Best Lawyer of America, and his top rated team of Buffalo, New York FELA accident lawyers have settled $150,000,000.00 on behalf of their clients and always strive to provide the people of Buffalo, New York with superior personal injury representation. We will battle to obtain the best possible result for YOU!What Is FELA?
The Federal Employers Liability Act (FELA) is a federal law under which employees can recover compensation for injuries that were caused by the railroad’s negligence, or the failure to exercise a reasonable duty of care. The statute applies to railroads involved in interstate or international commerce.
Section 51 of Title 45 of the U.S. Code provides that a railroad “shall be liable in damages to any person suffering injury while he is employed by such carrier . . . for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.”
Those pursuing a case under the FELA are entitled to a trial by jury. The Supreme Court has ruled that the case must be decided by a jury where there is any indication of negligence by the railroad.
Jed Dietrich, Esq. and the Dietrich Law Firm P.C., a Best Law Firm of America, have extensive experience with FELA cases and are here to help if you or a loved one were injured while working for a railroad. Call the Dietrich Law Firm P.C.’s team of highly experienced, aggressive, tenacious and hardworking Buffalo, New York FELA and railroad worker injury attorneys immediately for your free consultation at 716-839-3939. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!Who Is Covered Under FELA?
FELA applies to railroad employees. “Employees” are defined as persons working for the railroad who are involved in “furtherance” of interstate or foreign commerce. 45 U.S.C.A. § 51.
If you were injured while working for a railroad or if you are unsure of whether you are covered under FELA, call the Dietrich Law Firm P.C. today at 716-839-3939. There are strict time constraints applicable to railroad worker injury cases, so you must act fast. Our team of top rated and elite FELA and railroad worker injury lawyers in Buffalo, New York are available 24 hours per day and 7 days per week. Contact us today for your free consultation.FELA vs. Workers’ Compensation
Workers’ Compensation and FELA both aim to protect workers in the United States by promoting safe working environments and providing compensation for on-the-job injuries.
While most workers in the United States are covered under the Workers’ Compensation system if they suffer an on-the-job injury, railroad workers are covered by FELA.
Normally, in New York State, a worker is not able to sue his or her employer for negligence that caused an injury because they are covered under Workers’ Compensation. However, railroad employees CAN sue their employer if the railroad’s negligence caused an injury.
In FELA cases, the employee must demonstrate that the railroad was negligent in order to obtain damages. Railroad employees can recover damages that compensate for lost wages, medical expenses and pain and suffering.
Workers’ compensation cases are not fault based. Workers’ compensation benefits are provided when an employee is injured at work. Negligence of the employer and the employee is not considered.
If you, or a loved one, are unsure about a railroad work injury, call the Dietrich Law Firm P.C. for your free consultation. Jed Dietrich, Esq. and his team of highly experienced lawyers and paralegals are here to help you obtain the best result for your claim. Contact us today at 716-839-3939.Proving Railroad Liability Under FELA
If negligence is proven and there is an injury, the Federal Employee Liability Act will provide compensation for lost wages, medical expenses and pain and suffering.
A railroad may be negligent for violation of a safety law; state’s laws are also referred to as a statute. The Locomotive Inspection Act and the Federal Safety Appliance Act are examples of railroad statutes. Violations of these safety statutes can be used to demonstrate negligence in a FELA case.
The legal theory known as comparative negligence may reduce a worker’s award, but will not bar the employee from recovery.
The Dietrich Law Firm P.C.’s team of highly experienced, aggressive, tenacious and hardworking lawyers and paralegals fight every day to obtain the best result for people injured in Buffalo, New York; Rochester, New York; Niagara Falls, New York and beyond. Our team of Buffalo, New York FELA and railroad worker injury attorneys will strive to provide the highest level of personal injury service to injured railroad workers in Buffalo, New York and beyond. Call 716-839-3939 immediately for your free consultation.Common Railroad Accidents Causing Injuries To Railroad Workers In Buffalo, New York
Under FELA, railroad employees can recover for injuries caused by the railroad’s negligence. The negligence of the railroad’s agents, officers or employees may involve the following:
- Excessive train speed;
- Failing to apply hand brakes;
- Improperly operating a switch;
- Improperly loading a car;
- Operating a train with a brake valve malfunction;
- Operating trains on defective rails; or
- Operating trains on improper track alignment.
Injuries may occur in various other ways and every case is unique. Call the Dietrich Law Firm P.C. NOW to discuss your case and to find out if you are eligible for compensation for your injury. The Dietrich Law Firm P.C. has vast experience representing injured railroad workers and will fight to obtain the best result for you. Jed Dietrich, Esq., a Best Lawyer of America, and his team of Buffalo, New York railroad injury attorneys always strive to provide the people of Western New York with the highest level of personal injury service. Contact us today at 716-839-3939.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!