Kentucky FELA Claims: What Injured Railroad Workers Should Know
Railroad work is difficult and dangerous. Trains, heavy machines, and long shifts put workers at risk every day. When a railroad worker is injured, the compensation system isn’t the same as for other private employees. The Federal Employers’ Liability Act (FELA) covers most railroad workers, while Kentucky workers’ compensation does not. What are an injured Kentucky railroad worker’s rights?
Satterley & Kelley, PLLC attorneys in Louisville get results for injured workers throughout Kentucky, including those employed by railroads. If you have questions about how you can seek compensation for a railroad-related injury, or the death of a family member, call us at (855) 385-9532 today. You can also reach our Louisville office locally at (502) 589-5600.
Key Takeaway: A railroad injury can be disabling, result in lost income, and cause lasting pain. A successful FELA claim that shows the railroad’s negligence contributed to the injury may result in compensation.
What Is the FELA?
This is a federal law covering workers injured or sickened on the job for a railroad moving people or goods between states. This can include engineers, conductors, brakemen, and track workers.
FELA does not involve Kentucky’s workers’ compensation system. Workers’ comp benefits are normally awarded to an employee, regardless of who was at fault, through an administrative law process.
FELA requires an injured or ill employee to prove the railroad was negligent and that it resulted in the injury or illness to obtain compensation. FELA cases go through a state or federal court, and potential awards are greater than what’s possible through a workers’ comp claim.
How Does FELA Help Injured Railroad Workers?
Potential FELA awards include the following compensation for harm suffered in the past and reasonably expected in the future, including the following:
- The cost of medical care and supplies
- The lost pay, benefits, profits, and earning capacity because of your complete or partial disability
- The reasonable value of household services you can’t perform for yourself
- The physical, emotional, and mental pain and suffering due to the injury, disability, or loss of a normal life
If a railroad worker suffers a work-related death, their family can make a claim for economic losses.
What Must an Injured Railroad Worker Prove to Win Their Case?
To win a FELA case, an injured worker generally must show:
- They were working for the railroad when they were injured or exposed to something that made them ill
- The railroad, or one of its workers, was negligent in some way
- That played a part in causing the injury
Evidence of negligence could include missing or broken equipment, unsafe track, a coworker’s mistake, or management’s failure to comply with safety laws, regulations, rules, or policies.
What Are Common Defenses in FELA Injury Claims?
Railroads often try to reduce or avoid paying compensation to injured workers. Common defenses may include:
- The work site was reasonably safe, so the railroad lived up to its legal obligations
- The injured worker caused their own injury
- The injury is unrelated to the person’s job at the railroad
- Management wasn’t on notice of the hazardous situation
Defenses can be contested with the evidence in the case and by showing that FELA, as interpreted by the courts, supports the worker’s claim. The fact that a worker’s negligence contributed to the accident and injury should only reduce their compensation, not prevent it from being paid.
What Should an Injured Worker Do, and Avoid Doing, to Improve the Chances of a Successful FELA claim?
What you do and fail to do after an injury can affect your claim. Steps that may help include the following:
- Report the injury on the railroad’s official form as soon as possible
- Get medical care right away, even if the injury seems minor
- See your own doctor, not just the one working for the railroad
- Keep copies of medical records and receipts
- Take photos or videos of the accident scene to show the problems management created, such as poor lighting or broken equipment
Things you should avoid doing include the following:
- Giving a recorded statement to the railroad without a lawyer present
- Signing a settlement before talking to an attorney
- Assuming the railroad’s attorney will help you
- Admitting fault
- Assuming FELA doesn’t apply just because the injury happened away from the tracks
- Waiting to make a claim
- Claiming false injuries, or dishonestly inflating the financial harm you suffered
FELA cases can be complicated. Contact us and discuss the situation before you do anything that can limit your ability to obtain compensation for your work-related injury or illness.
Why Retain Satterley & Kelley for Your FELA Claim?
Railroads often have large legal teams. They work directly for the company, and they use outside law firms. Their goal is to prevent paying compensation for injuries, or limit it as much as possible.
FELA is a specialized kind of personal injury law. We have helped hundreds of clients collect millions of dollars in compensation for their injuries and illnesses. As much as you may like the attorney who wrote your will or represented you in your divorce, we have worked on many more FELA cases than they have. You don’t want to hire someone learning about FELA while working on your case.
Given our decades of experience representing severely injured people, we understand how your life has been impacted, the stress you’re going through, and how important your FELA claim is to you and your family. We take our responsibility to our clients very seriously and will put in the work necessary to help you collect as much compensation as possible.
Frequently Asked Questions
Does Kentucky workers’ compensation cover railroad workers?
Generally, no. Most railroad workers are covered by FELA instead. It’s a federal law that’s applied by the courts, not an administrative law system run by a state agency.
How long do I have to file a FELA claim?
FELA generally requires a claim within three years from the day you were injured or had reason to believe your illness is work-related. To protect your rights, you should contact us as soon as possible after your injury or became aware of your illness, and not wait anywhere near three years to get legal help.
Can I still recover money if I was partly at fault?
Generally, yes, but the compensation you receive will probably be less than what you could’ve received if you had not been partially to blame.
Does FELA cover injuries that happen away from the tracks?
Your injuries or illness must be job-related, not a certain distance from the tracks.
Speak to a Louisville Railroad Injury Lawyer Near You
Satterley & Kelley, PLLC helps injured Kentucky residents, including railroad workers and their families, seek the compensation they deserve. If you were hurt while working for a railroad, contact us to schedule a free consultation. We can talk about your case, how FELA may apply, and your best options for compensation. Call us at (855) 385-9532, locally at (502) 589-5600, or contact us online to get started.