The Federal Employers Liability Act

The Federal Employers Liability Act (FELA) was created to protect and compensate railroad employees who are injured while performing their duties. FELA was enacted in 1906 in response to the dangers that railroad workers were exposed to in their work. It was preceded by similar legislation in several states which paved the way for this federal Act to be written and passed. Many injuries and deaths occurred to railroad workers as the railroad industry expanded in the late 19^th and early 20^th century.

Under FELA, those workers who are injured while on the job can initiate legal action against their employers where not covered by state workers' compensation laws. Unlike workers' compensation, however, the injured worker must prove that the railroad company is at least partially responsible for their injuries due to negligence. Once a jury has been convinced of the negligence, the worker may receive compensation for damages, including pain and suffering which is not generally obtainable under workers' compensation.

Since its inception, many bills have been sponsored to replace FELA with workers' compensation but none have succeeded. Throughout the history of FELA, railroad companies have been forced to pay out tens of millions of dollars to railroad workers who have made injury claims related to their exposure to solvents while on the job.

FELA Attorney Serving West Virginia

Railroad workers are often exposed to toxic chemicals which lead to occupational diseases. These diseases have ranged from blood cancers to mesothelioma, brain damage, lung cancer, and more. Such life-threatening and catastrophic diseases are expensive to treat and may result in permanent disability or early death, causing emotional trauma to victims and their families as well as a loss of present and future earnings.

Hartley and O'Brien, PLLC is a personal injury firm which handles toxic tort claims. Toxic tort law is a special area of personal injury law which deals with the harm done to those who are exposed to toxic chemicals and substances. The firm has more than 30 years of experience in handling these claims and has obtained hundreds of millions of dollars in legal compensation for clients. Because of its successful track record, the firm has earned the highest rating from Martindale-Hubbell, the national lawyers' review organization, based on reviews by other attorneys and judges. If you believe you have cause for a toxic tort claim, contact the firm for a free case evaluation as soon as possible.