asbestos fela

Federal Employers' Liability Act (FELA)

Each year, thousands of railroad workers are injured or killed on the job. Many more railroad workers (or former railroad workers) are diagnosed with lung diseases, due to exposure to dust and chemicals at the railroad. When railroad workers are injured or make a claim, the railroads retain skilled claim agents and attorneys to protect their interests.

These agents and attorneys work for the railroad, not you. But as a railroad employee, if you are injured on the job, you have rights under the federal law known as the Federal Employers' Liability Act (FELA).

FELA enables injured employees to bring claims directly against their employers where it can be shown that the railroad's negligence caused the injury. Negligence is defined as the railroad's failure to exercise reasonable care in its obligation to the employee. It could be as a result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. A FELA lawsuit must be filed within three years of the date of the accident.

You should seek legal counsel and advice at the earliest opportunity if you believe you have a potential FELA case. Remember, the railroad claim agent is just that - an agent for the railroad.

Legal counsel you select is your agent, and his or her job is to represent you and protect your rights.

For free answers to your legal questions about the Federal Employer's Liability Act (FELA), please call us toll-free or complete this convenient online contact form.

Asbestos FELA Verdict Upheld

March 7, 2006—The North Carolina Court of Appeals unanimously upheld a $7.5 million jury verdict in favor of a retired CSX Transportation railroad employee, Ray Williams. Forest Horne and Spencer Parris of Martin & Jones represented Williams.

Williams worked for CSX Transportation for nearly 40 years before retiring in 1999. He was diagnosed with pleural mesothelioma in 2002. The only proven cause of mesothelioma among workers in the United States is exposure to asbestos.

Williams filed the lawsuit against CSX Transportation because the railroad company regularly exposed him to asbestos and asbestos containing materials at work and failed to warn him about the dangers of exposure. A North Carolina jury returned the verdict in favor of Williams in October 2004.

Railroad workers do not receive workers compensation, and in order to recover for injuries they must file a lawsuit against their railroad employer under the Federal Employers' Liability Act (FELA) and prove the railroad's negligence caused their injuries.