The New Jersey railroad injury attorneys at Cahill Goetsch & Perry, P.C. provide important information about railroad injury law, railroad safety, and FELA lawsuits.
Since 1908, when the Federal Employers' Liability Act (FELA) was enacted by Congress, railroad workers have been protected from negligent railroads when they are injured while on the job. FELA was passed to provide railroad workers with compensation for lost wages, and mental anguish as a result of on-the-job injuries and to provide a standard for safety to which all railroad employers are required to adhere. Congress passed FELA in reaction to the high incidence of accidents and deaths occurring as a result of the fast paced railroad expansion in the late 1890s and early 1900s and the inherent danger of railroad jobs.
FELA was established specifically for railroad workers and is different from workers compensation in that in order to claim benefits under FELA an injured worker must prove some degree of negligence on the part of the railroad, whereas workers compensation benefits are provided regardless of fault. The benefits provided under FELA are available to any railroad employee whether their job requires them to be in close proximity to trains and railroad facilities or not. Railroad injuries in New Jersey fall under FELA law, and workers who have been injured in a New Jersey railroad accident or suffer from an occupational illness caused by the railroad’s negligence should consult a railroad injury lawyer and file a FELA claim.
In addition, the Federal Rail Safety Act (FRSA), further protects railroad employees from retaliation by the railroad when they exercise their rights under FELA laws.
Although the benefits provided under FELA are the most likely avenue for an injured railroad worker to seek compensation, the attorneys at Cahill Goetsch & Perry advise their clients of all available remedies and help them to access their rights under FMLA and FRSA laws, and avoid discrimination by and retaliation from railroad employers.