Railroad employees who have been injured or killed on the job may file a claim for damages under the Federal Employers Liability Act (FELA). The Act entitles railway workers to compensation for their work-related injuries. An injured railroad employee has three years under the federal law to bring a claim.
At Conner, Marr & Pinski, we represent railroad workers who have been injured on the job in Montana bring FELA claims. Our lawyers have substantial experience ensuring that railway employees receive the maximum benefit allowed under the law.
What Is FELA?
Unlike most workers injured on the job, railroad employees are not eligible for Montana workers’ compensation benefits. In 1908, the federal government passed the Federal Employers Liability Act (FELA) to protect railroad employees. FELA imposes certain duties on railroad employers to provide railroad workers with a safe workplace. If railroads fail to provide this safe workplace, injured railroad workers can seek damages under FELA.
Qualifying for a FELA Claim
A Montana railroad worker who is injured on the job may have a valid FELA claim. However, unlike with workers’ compensation, the injured employer must show that they were injured because of their employer’s negligence.
It is important to note that a worker who was partially to blame for their injuries, may still be entitled to file a claim for damages under FELA. According to the law, their compensation may be reduced in proportion to their percentage of fault.
Recovering Damages Under FELA
To recover damages, injured railroad workers must show that the railroad’s negligence contributed to their injuries and damages. If the railroad’s negligence contributed to the damages, injured workers can recover things like medical expenses, lost wages, pain and suffering, and other related damages.
Why Hire Conner, Marr & Pinski
We have a long history of helping injured engineers, brakemen, conductors, carmen, machinists, electricians, carpenters, and maintenance of way employees. Our firm has successfully recovered damages for employees with acute and chronic injuries when railroads wrongfully deny benefits to injured workers.
We have the necessary resources and experience to hold the nation’s largest railroads accountable for workplace injuries. If you were injured while working on the railroad in Montana, contact our office at (406) 727-3550 to schedule a free case consultation.