New Jersey FELA Claim Attorney

The Federal Employers’ Liability Act (FELA) was created by Congress in 1908 to introduce safe working standards to the railroad industry and protect the rights of railroad workers injured on the job. Any employee working for a railroad employer is protected by FELA and can seek damages for injuries incurred because of employer negligence.

To have a valid FELA claim, you need only prove that your employer had a portion of fault in the accident that led to your injuries. Even if you were partially responsible for your injuries, your claim is still valid, though the amount of your comparative negligence may be deducted from your settlement. The process of obtaining benefits under FELA involves your employer—or the railroad company under which your employer operates—discussing the reasons for your injury, including who was at fault, with your New Jersey FELA claim attorney. A settlement of your claim will be discussed and negotiated; if a settlement cannot be reached, the claim turns into a FELA lawsuit.

Damages in a FELA Claim

Train accidents are the type of disasters that cause victims unwarranted emotional trauma as well as long-term physical pain. If you were injured as a result of your employer’s negligence, you can obtain restitution for:

• Past and future medical treatment
• Past and future lost earnings
• Pain and suffering
• Mental anguish
• Wrongful death

While offering similar protections to workers’ compensation, a FELA claim is specially reserved for railroad workers and must prove that a railroad employer caused injuries through their negligence—this differs from the no-fault based system that workers’ compensation abides by.