The Federal Employers Liability Act (FELA) is a special law that covers injured railroad workers. Unlike workers’ compensation, FELA claims are fault-based, meaning that you must prove negligence on the part of your employer. To receive all of the benefits you deserve, you will likely need a lawyer’s assistance.
FELA covers many types of damages that workers’ compensation will not cover. For example, workers’ compensation does not offer full wage replacement benefits or any compensation for damages such as pain and suffering, mental anguish, and loss of household services. Your right of recovery under FELA is limited only by the extent of your injury.
Unfortunately, some employers will try to limit their potential liability. Within a sort time after you’re injured, you may be contacted by a claims agent who will try to gather information that is favorable for the train company and unfavorable for your case.
For example, the claims agent may try to shift blame for the accident from the railroad company to you. Any statements you make to the claims agent could be used to hurt your case.
To protect your rights to full compensation you should contact an attorney as soon as possible after the accident.