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Shapiro & Appleton

How does the FELA work?

Many railroad workers are led to believe that when a worker is hurt on the job he or she is automatically entitled to compensation. Most railroad claims agents will tell an injured railroad worker that compensation is simply a percentage of the time or wages lost, but this is totally false. Railroad workers are protected by the FELA which provides that workers can settle with, or sue their own railroad employer and the FELA permits a jury trial if desired.   A jury may award past and future lost wages, past or future medical expenses not covered by the employer's health insurance, pain/suffering, permanent impairment, and other damages. The claim that a worker is only entitled to wages lost is simply not true. Also, if a railroad worker is injured or killed at work, survivors or the estate in a death case are entitled to recover most all of the damages outlined above.

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