RAILROAD WHISTLEBLOWER/FRSA:

How do FELA cases work?

• An injury occurred while he or she was working within the scope of his or her employment with a railroad;
• The plaintiff’s employment furthered the railroad’s interstate transportation business;
• The railroad was negligent; and
• The railroad’s negligence played some role – no matter how small – in causing the plaintiff’s injury.

Under FELA, the railroad has a duty to provide employees with a reasonably safe workplace. This is considered a non-delegable duty, which means the railroad cannot shift responsibility. However, proving that a railroad has breached this duty of care can be difficult. Some of the responsibilities that railroads must meet are:

• Provide a reasonably safe workplace that is free from unsafe conditions;
• Warn of unsafe conditions and hazards;
• Exercise reasonable care for the safety of employees;
• Provide reasonably safe tools and equipment, as well as safety devices;
• Select proper and safe methods to do work;
• Furnish enough help to get work done safely;
• Inspect the workplace for safety hazards;
• Adopt and enforce safety rules and practices;
• Provide adequate training and education;
• Provide adequate supervision;
• Fix unsafe conditions; and
• Assign workers tasks that are within their capabilities.

Negligence can be found when a rule or law has been broken, or when the railroad failed to meet a reasonable standard of care. Breaking a rule or law might include violating the Federal Railroad Administration regulations, or an Occupational Safety and Health Administration (OSHA) regulation.

What Damages Are Available Under FELA?

Injured workers in most industries are only entitled to lost wages and medical bills – the benefits they can collect through workers’ compensation. FELA gives railroad workers the right to additional compensation. This may include:

• Loss of earnings, past and future.
• Reasonable and necessary medical expenses.
• Pain & suffering.
• Mental anguish
• Physical impairment.
• Loss of companionship and society

The stakes are high in FELA cases, and the railroad companies often do everything they can to fight back. They have extensive resources and well-paid attorneys on their side. That’s why you deserve your own legal advocate to even the odds. That’s why you deserve Moyers Law and Kohn Law.

Personal injury cases under FELA are complex, and it takes an experienced railroad accident attorney to go up against the railroad companies. That’s where we come in. If you or a loved one was hurt on the railroad, we would be honored to speak with you. Contact us online or call 406-655-4900 or 763-259-3686.

RAILROAD WHISTLEBLOWER/FRSA:

Railroad workers who are wrongfully terminated or disciplined are covered under the Federal Railroad Safety Act (FRSA). The FRSA is a strong law that provides relief and damages for railroad workers who suffer retaliation for injuries, safety concerns, or when railroad managers and its medical department personnel deny, delay, or interfere with the course of the employee’s medical treatment or for following a treating doctor’s orders or treatment plan.

Some of the examples of what you can recoup as losses under the FRSA are:

• To avoid and expunge your discipline
• To reinstate you with all seniority and benefits unimpaired
• To pay you back wages with interest
• To pay for all your economic losses
• To pay unlimited emotional distress damages
• To pay punitive damages up to $250,000
• To pay your attorney’s fees and costs