 |
A Message From
Jeff Stern
Best viewed on Windows Media Player 9.0
Houston Office:
4909 Bissonnet Street
Suite 100
Bellaire, TX 77401
Phone: 713-661-9900
Toll Free: 1-877-661-9900
Mc Allen Office:
721 East Esperanza Ave, Suite C
Mc Allen, Tx 78501
956-226-4236
Fax 956-992-971
*By Appointment only
|
|
|
|
|
 |
Stern, Miller & Higdon provides consultation, advice, and representation to railroad employees who have been injured during the course of their employment.
The Federal Employers Liability Act (FELA) governs the liability of every railroad for the work-related injury or death of an employee and was enacted by Congress in 1908 to protect railroad workers or their families. It is a federal cause of action, and suit, if necessary, maybe filed in either federal or state court.
FELA is not workers' compensation. The railroad does not have to pay if it is not at fault. In order for a worker to recover under FELA, the worker has to have been injured while in the course of his employment, the railroad must be involved in interstate commerce, and the worker must prove that his injuries were caused by:
- The negligence or fault of the railroad, its officers, agents or employees; or
- Failure of the railroad to provide safe tools, equipment, appliances, or safe place to work; or
- Any defect in the cars, engines, track, roadbed; or
- Violation of the Safety Appliance Act, the Boiler Inspection Act, the Power Brake Law, hours of service, and OSHA regulations.
If an injured worker can establish that an Act was violated, the worker does not need to prove that the railroad was negligent. If on the other hand, the railroad did not violate an Act, then the worker must show that the negligence of the railroad played a part in bringing about the employee's injury or death.
Damages recoverable under FELA include loss of wages in the past and in the future; medical expenses in the past and in the future; and pain, suffering , and mental anguish in the past and in the future related to claim-related injuries, such as asbestos-related diseases and hearing loss.
If an injury causes the death of a railroad worker, then under FELA the statutory beneficiaries are the surviving spouse and children of the employee; if employee had no spouse or children, then the beneficiaries include the employee's parents and if no parents, the next of kin dependent of such employee.
The Statute of Limitations in a FELA case is three years from the date of the injury.
Please contact us at Stern, Miller & Higdon with any questions or if you'd like to explore your legal rights.
^ Back To Top
|
|
