Federal Employers Liability Act (FELA) insurance provides monetary benefits to railroad workers who are severely injured while working and who:
- can prove that the negligence of a railroad company, co-worker, or equipment manufacturer contributed to the injuries
- file their claim within three years of sustaining the injury
Families of railroad employees killed on-the-job will also be entitled to seek compensation via FELA insurance.
FELA insurance is generally a factor following injuries sustained as the result of:
- collisions
- derailments
- exposure to toxins
- highway-rail accidents (which occur when railroads interact with highway traffic at train crossings)
- human error
- lifting heavy cargo loads
- track and equipment defects
- use of heavy machinery
FELA Endorsement
Contents
An endorsement is a written document that alters the coverage of an insurance policy by adding coverage for specific incidents or injuries. While FELA endorsements can be added when an insurance policy is started, they may also be added throughout the term of the policy (or the duration of an employee’s service to a railroad company).
Examples of FELA endorsements may include (but aren’t limited to) coverage for:
- contract work (either on or off-premise contract work)
- short-term projects and temporary employees
- vans or other vehicles railroad workers use in the course of their service
FELA endorsements may also be referred to as Riders, addendums, and/or attachments.
Railroad Accidents & FELA Claims
FELA can provide vital compensation for railroad employees who sustain:
- back, head, and neck injuries
- broken bones
- burns
- crushing injuries
- disfigurement
- dismemberment
- electrocutions
- joint injuries (particularly to the knees and shoulders)
- permanent disabilities
- traumatic brain injury
In the first three months of 2019, about 1,600 individuals were injured and 150 were killed as a result of serious railroad accidents. Over the course of 2018, over 11,100 railroad accidents occurred.
FELA Coverage
More so than many other occupations, railroad employees face a significant risk of being seriously injured and/or killed while working due to on-the-job dangers, such as:
- collisions
- derailments
- exposure to toxins
- frequent use of heavy machinery
- heavy cargo loads
- highway-rail accidents (which occur when railroads interact with highway traffic at train crossings)
- human error
- the time needed to stop speeding, heavy trains
- track and equipment defects
To protect railroad workers from such risks, the Federal Employer’s Liability Act (FELA) is a federal statute that allows railroad employees to receive compensation if they:
- are injured while working
- can prove their injuries resulted from the negligence or recklessness of an employer, co-worker, or equipment manufacturer
- file their claim within three years of sustaining the injury
Railroad Injuries & FELA Claims
Railroad employees can suffer any number of injuries on the job, however, the most common typically include:
- back and neck injuries
- broken bones
- burns
- collisions
- crushing injuries
- disfigurement
- dismemberment
- electrocutions
- falls
- permanent disabilities
- traumatic brain injury
In many cases, such severe injuries:
- require emergency medical care to prevent further health complications
- cause permanent damage, such as chronic pain or loss of mobility
- significantly impair an individual’s quality of life
- require expensive, long-term care for the best chances of recovery
Railroad Accident Statistics
From January to March 2019, the Federal Railroad Administration Office of Safety Analysis reported that there were roughly:
- 2,500 railroad accidents
- 1,600 train-related injuries
- 150 deaths
The most common causes of railroad accidents include human error, equipment defects, and collisions.
Recovering a FELA Settlement
Injured railroad workers, following emergency medical care and the necessary treatments, should consult with an experienced FELA attorney to learn more about their legal rights and determine the best way to seek compensation for their losses.
To encourage prospective plaintiffs to seek the settlements they deserve, FELA lawyers:
- offer initial consultations for free
- will delay payment for their services until or unless the case is settled
Compensation Goes Beyond Physical Injuries
Because most railroad injuries are severe and require costly, long-term treatments, FELA laws were designed to help injured employees recover compensation for losses beyond physical damages. Compensation may be available for losses including (but not limited to):
- past, present, and future hospital bills
- ongoing costs of treatments (including long-term rehabilitation)
- lost wages if the injury prevents the employee from working
- permanent disabilities (losses would include the cost of living expenses and necessary equipment)
- emotional trauma and decreased quality of life
For more information, please contact us today.
Workers’ Compensation & FELA Endorsements
Workers’ compensation laws are distinct from FELA laws and:
- are allotted based on pre-determined benefit schedules
- vary from state to state
- usually offer smaller compensation awards to injured railroad workers (than FELA endorsements)
It’s important that injured railroad workers learn about their FELA granted legal rights before filing any workers’ compensation claims, as seeking workers’ compensation settlements can preclude individuals from being able to pursue a settlement.
For more information about FELA insurance, contact us today.