Federal Employers’ Liability Act
Paul K. Hemmer, Esq.
Carroll, Ucker & Hemmer LLC
fax: (614) 547-0354
In 1908, the U.S. Congress passed the Federal Employers’ Liability Act (FELA) which provides the exclusive remedy for employees injured in the course of employment for railroads engaged in interstate commerce. Employees covered under the FELA are not covered by individual state workers’ compensation statutes.
Railroads are responsible for damages arising from injuries or deaths that result, in whole or in part, from their negligence or from the negligence of their employees. Negligence of the injured employee may reduce the amount of recovery but it does not eliminate the right to recovery. The U.S. Supreme Court has held that the FELA is to be liberally construed in favor of injured employees. Railroad employers have a continuing duty to provide a reasonably safe place to work and reasonably safe equipment. This continuing duty follows the employee to all places of employment, including the property of a third party.
Employees who are unable to work due to injury are entitled to sickness benefits from the Railroad Retirement Board. Some employees are also entitled to supplemental sickness benefits while off work.
Under the FELA the employee may file an action in federal or state court to recover damages for past and future pain and suffering, loss of earnings and earnings capacity, past and future medical expenses and permanent disability. Railroads employ claim agents and attorneys to protect their interests. Employees should retain experienced counsel to file claims and assist with negotiation and settlement of claims.
Paul K. Hemmer has been designated to represent injured railroad employees under FELA. Carroll, Ucker & Hemmer charges no fee for initial consultations. Fees are contingent upon recoveries made.
For more information, email or call Paul K. Hemmer (email@example.com)
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