The Federal Employer’s Liability Act (FELA), which is separate from Virginia Workers’ Compensation, is a federal law that gives interstate railroad workers the right to file a lawsuit against their employer when they are injured, sickened, or killed while working.
Railroad workers seeking compensation for a work-related injury must seek compensation through a claim under the Federal Employer’s Liability Act. Unlike Workers’ Compensation laws, which do not require a worker to establish that their employer was at fault for the accident, FILA lawsuits are completely dependant on proving that the railroad company was negligent in protecting their employees.
The FILA regulations make filing a lawsuit against a railroad company much more difficult than a typical Workers’ Compensation claim. These lawsuits require more evidence and often take longer to negotiate and settle than a workplace injury claim in any other industry.
Employees who work in the railroad industry are typically only able to file a lawsuit against their employer under the Federal Employer’s Liability Act and are not eligible for a regular Workers’ Compensation claim. In these cases, you will want to hire a Richmond Workers’ Compensation attorney who has experience with the FILA procedure.
It is important that your legal council has knowledge of the Federal Employer’s Liability Act and a case history in this area of law to give you the best advice possible during your lawsuit and settlement. In many cases, you may have to take the matter to court, which is where an attorney’s guidance is most important if you are to obtain a fair settlement for your injuries and suffering.
Contact a Richmond Workers’ Compensation Attorney
When you have difficulties with your work-related injury claim, aVirginiaWorkers’ Comp attorney can bear some of the burden of dealing with the stressors of Workers’ Compensation. If you return to work or receive a permanent disability rating, an attorney can help.
For more information about Workers’ Compensation, pick up a free copy of the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.