If you were injured while working for a railroad in New York, you may be entitled to compensation under the Federal Employers’ Liability Act (FELA).
Hach & Rose, LLP represents railroad workers injured because of unsafe working conditions, defective equipment, inadequate safety practices, negligence, and other hazards.
We have nearly 25 years of experience representing injured workers and have recovered more than $1 billion for our clients.
Call (646) 971-9333 to discuss your railroad injury.
Contact Hach & Rose Today for a Free Consultation
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What Is FELA?
FELA is a federal law that allows eligible railroad employees to seek compensation from their railroad employer when the employer’s negligence contributes to an injury. Unlike workers’ compensation, a FELA claim requires evidence that the railroad’s negligence played a part in causing the injury, though even a relatively small amount of negligence may be enough to support a claim.
FELA vs. Workers’ Compensation
Most workers’ compensation systems don’t require proving employer negligence. FELA does. In exchange, FELA can provide compensation for damages not typically available through workers’ compensation, including pain and suffering.
Who Can File a FELA Claim?
FELA generally applies to employees of railroads engaged in interstate commerce, including:
- Conductors
- Engineers
- Track workers
- Maintenance workers
- Signal workers
- Yard workers
- Mechanical workers
Common Railroad Injuries
- Back and spinal injuries
- Traumatic brain injuries
- Broken bones and fractures
- Crush injuries and amputations
- Shoulder, knee, and joint injuries
- Repetitive stress injuries
- Hearing loss
- Burns and electrocution injuries
Common Causes of Railroad Injuries
- Defective or poorly maintained equipment
- Unsafe tracks or work areas
- Inadequate safety procedures or training
- Slips, trips, and falls
- Heavy equipment and machinery accidents
- Exposure to hazardous conditions
Why Choose Hach & Rose, LLP?
A strong FELA case starts with a thorough investigation. Depending on your case, we can:
- Investigate how the injury occurred and identify witnesses.
- Review accident reports, medical records, and safety practices.
- Investigate potential safety violations.
- Consult with medical or industry experts.
- Handle all communication with the railroad and its insurers.
Negotiate for a fair settlement and prepare your case for trial when necessary
What Compensation May Be Available?
Depending on the circumstances, you may be able to recover:
- Medical expenses
- Lost wages and reduced future earning capacity
- Pain and suffering
- Physical impairment
- Emotional distress
Frequently Asked Questions
Can I file a FELA claim if I was partially at fault?
Possibly. FELA uses a comparative negligence system, meaning your recovery may be reduced based on your share of responsibility rather than barred entirely.
Can I receive workers’ compensation and FELA benefits?
FELA generally applies instead of state workers’ compensation laws for covered railroad employees. The specific benefits available depend on your employment and circumstances.
What if my railroad injury developed over time?
FELA can cover certain occupational injuries and illnesses that develop over time, though these cases can involve complex questions about when the limitations period began.
Should I give a statement to the railroad after an injury?
Be careful about giving statements or signing documents before understanding your rights. Consider speaking with a FELA attorney first.
How long do I have to file a FELA claim?
FELA generally provides a three-year limitations period, though determining when that period begins can depend on the circumstances of your injury.
Contact a New York FELA Railroad Injury Lawyer
If you were injured while working for a railroad in New York, Hach & Rose, LLP can investigate your injury and help you pursue the compensation available under federal law. We handle FELA cases on a contingency fee basis, so there are no upfront attorney fees.
Call (646) 971-9333 or contact us online for a free, confidential consultation.