I was hurt working on a railway can I file a FELA lawsuit?

A:

If you are the employee of a rail company and you were injured on the job, then you aren’t covered by workers’ compensation and to receive benefits for your injury you’ll need to file a FELA lawsuit.  However, your case must meet certain requirements in order to qualify under this federal law.

The three basic requirements for a FELA case include:

1.  The accident that caused your injuries must have happened in the course and scope of your employment with the railroad.  You do not necessarily need to have been injured on railroad property, but you do need to have been hurt while performing work for your employer.

2.  Your employer must be engaged in interstate commerce between two or more states.  Since nearly all the duties of a rail worker are viewed as furthering interstate commerce, rail injuries often qualify under the federal FELA rules.

3.  Your employer must have somehow contributed to the accident that caused your injuries.  It will be necessary to prove that the railroad did not provide a safe place of employment for you.

Please contact the law offices of Vujasinovic & Beckcom to discuss your railway injury case with an experienced FELA attorney.