In 1908, Congress passed the Federal Employers' Liability Act (FELA) in response to the high number of railroad deaths in the United States in the late 19th and early 20th centuries. FELA provides the ability for individuals injured on the job to sue in the event that negligence was the cause of injury. It's vital that railroad and Amtrak workers understand their rights under FELA so that if they're injured in an accident due to the negligence of the railroad, they have a plausible case.
Chicago personal injury attorney Peter Higgins explains the differences between the two types of cases in our video below:
According to FELA,
"Every common carrier by railroad while engaging in commerce...shall be liable in damage to any person suffering injury while he is employed by such carrier in such commerce, or, in case of death of such employee,...for such injury or death resulting in whole or part from the negligence of any of the officers, agents or employees of such carrier, or by reason of any defect or insufficiently, due to its negligence, in its cars, engines, appliances, machinery, track roadbed...or other equipment."
Under FELA, injured railroad and Amtrak workers must prove that the railroad was negligent in order for an injured person to recover. As in many different areas of a railroad case, FELA has a highly specific definition of negligence. It is a practice where the past experience of an attorney is of utmost importance.
If you or a loved one has been injured as the result of a railroad accident, please contact the FELA attorneys at Lipkin & Higgins to determine how we can help with your claim and deliver the compensation that you deserve.