1. What is a FELA claim?
Congress passed the Federal Employees Liability Act (FELA) in 1908, for providing compensation to railroad employees who are injured on the job. FELA enables injured employees to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury.

2. Is there a time limitation for filing a FELA case?
Yes, a Federal Employer's Liability Act case must be filed in court within three (3) years of the date of accident. In the case of repetitive stress injuries and occupational diseases, the three (3) year statute of limitations begins to run when the injured worker knew, or reasonably should know, that they may have a work-related injury. Contact Gary C. Johnson, P.S.C. immediately to discuss your claim.

3. Is FELA the same as workers' compensation for railroad workers?
Unlike "no fault" workers' compensations laws, under which an injured worker does not need to establish any fault by the employer, if you bring a claim under FELA you will need to show that the railroad was somehow negligent and caused your injuries. Under FELA, a railroader is not entitled to recover damages from the railroad for an injury merely because of an on-duty injury.

4. What is comparative negligence, and how might it affect my FELA claim?
Under the comparative negligence defense, the railroad will try to show that your own fault or negligence somehow contributed to your injuries. After all arguments in a FELA lawsuit are heard, the jury will make its findings as to who should be held legally responsible for the railroad employee's injuries. This is usually done by assigning a percentage of faults to the parties involved that will correspond to the damages awarded to the plaintiff.

5. What is my employer responsible for under FELA law?
Under FELA, a railroad company has a duty to:

• Ensure that the workplace is reasonably free of unsafe conditions and safety hazards,
• Warn employees of any unsafe conditions and hazards, even in situations where the employee himself should be aware of the danger, and
• Inspect the workplace to make sure it is free of known and unknown hazards.

6. What injuries are covered by FELA?
All injuries sustained in the course of employment are covered by the Federal Employer's Liability Act. There are four basic types of injuries covered:

• Sudden and traumatic injuries - such as broken bones, back strains, pulled muscles and tendons, lacerations.
• Repetitive stress injuries - such as carpal tunnel syndrome, tendonitis, hearing loss.
• Aggravation of pre-existing conditions - such as when a worker's accident aggravates or accelerates a pre-existing physical condition or injury, it is considered a new injury under FELA.
• Occupational Diseases - such as lung cancer, skin diseases, asbestos related diseases.

7. After being injured, do I need to hire an attorney?
Yes. You need to hire an attorney who is experienced in handling FELA cases. In order to ensure that you receive the maximum benefits provided by FELA, you need to contact Gary C. Johnson, P.S.C.