FELA - Federal Employers Liability Act of 1908

Railwaymen who were injured in a train accident may be entitled to benefits under the Federal Education Act of 1908 Employers Liability Act (FELA).

FELA Quick Facts

► No fault of the workers' compensation is not available for injured railroad workers. If injured on the job market, a railway, the only remedy is the Federal Employers Liability Act of 1908 (FELA).

► FELA allows a railroad to complain about being hurt at work to recover damages for loss of income, past andFuture, out-of-pocket medical expenses, a reduction in the ability to earn wages because of the injury;
Pain and suffering

► Unlike workers compensation FELA requires proof that the railroad in any way damage caused by the negligence of the railway, its employees, contractors or employees or agents.

► FELA uses the doctrine of comparative negligence. This doctrine allows employees who are partially at fault for their own injuries from a train wreck to a certain part againthe damage. For example, determine if a jury that 50% of the employees has been negligent and the damage was $ 200,000, would get the workers, half of the damages or $ 100,000. (under the doctrine of contributory negligence a plaintiff who would not even 1% negligent, nothing is given!)

► FELA claims may be brought in state and federal court and a jury trial will be made available to the plaintiff. It is for the jury to determine whether negligence of the railway, colleagues and other railwayStaff, and if the plaintiff negligently contributed to the accident and resulting injuries railroad, and if so to what extent the level of damage caused by the railroad as a result of the railroad suffers an accident.

► The vast majority of FELA railroad injury cases settle without a trial. However, the average delay between the filing of the claim FELA (not claim) 22.5 months. Railroads know so that they generally do not get serious with FELA settlement of disputesuntil the trial date draws near.

► plaintiffs win 75% of the FELA railroad injury cases that go to trial. FELA the average price of railroad injury claims resolved by a jury verdict is approximately $ 500,000 and the median is $ 180,000. (This skewness suggests that there are some very large awards, which distort the mean average of the top.) (Source: Inter-University Consortium for Political and Social Research)

► The statute of limitations for a FELA railroad injury case isthree years from the date of injury. Discovered ticking for certain types of diseases where there is uncertainty as to the time of the injury, the clock starts from the time of the disease.

This article is for informational purposes only and is not legal for the advice. Readers, whether or not lawyers did not seek this information without professional advice or doing independent legal research should act. The author disclaims any liability forConsequences which flow from any material published here.

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