Beaumont FELA Attorney
Recovery for Injured Railroad Workers Under the Federal Employers Liability Act (F.E.L.A.)
The Gilbert Adams Law Firm is dedicated to protecting the legal rights of injured railroad workers in Beaumont and throughout Texas under the Federal Employers Liability Act (F.E.L.A.). Prior to the enactment of F.E.L.A. in 1908, injured railroad workers were often left without any legal recourse for their injuries. Following the enactment of the F.E.L.A., states began to pass their own compensation systems for injured workers. In 1913, Texas enacted its first workers’ compensation act.
How Does F.E.L.A. Differ from Workers’ Compensation?
Both F.E.L.A. and workers’ compensation laws exist to compensate workers who have suffered workplace accidents. F.E.L.A. covers the employees of “[E]very common carrier by railroad…which engages in interstate or foreign commerce.” 45 United States Code Section 51. The definition of an employee includes train crews, maintenance workers, construction crews, laborers, railroad policemen, clerks and other employees.
Workers’ compensation differs substantially from the F.E.L.A.; under workers’ compensation, you do not have to establish fault or negligence in order to recover, and compensation is based on a system of scheduled benefits. The injured employee receives definite benefits without having to establish fault, but waives the ability to recover a wider range of damages potentially available in a personal injury action. In contrast, compensation under F.E.L.A. is not automatic, and proof of negligence is generally required. However, the F.E.L.A. allows recovery of a fuller range of damages.
How long do you have to file a claim?
With any lawsuit, the statute of limitations restricts the amount of time you have to file a lawsuit. The statute of limitations for bringing actions under the F.E.L.A. is generally three years from the date of the injury.
If you fail to file a lawsuit within the statute of limitations, you have no legal recourse. Therefore, if you are injured, it is essential for you to contact an attorney as soon as possible to preserve your legal rights before they are barred by law.
Contact an Experienced F.E.L.A. Attorney in Beaumont, Texas
If you are a railroad worker who has been injured on the job, please seek the advice of an experienced F.E.L.A. attorney to protect your rights and to avoid compromising your claim for recovery. Don’t sign or make any statements other than the accident report without first consulting with a FELA attorney. Complete only the accident report required by the Book of Rules. If the claims department requests an additional written or verbal statement, contact the Gilbert Adams Law Firm immediately for advice and assistance.