The railroad industry is vital to the economic lifeblood of the United States, and Missouri is no exception. However, the very nature of railroad work can be inherently dangerous, exposing employees to a variety of potential injuries. When such injuries occur, railroad workers in Missouri must understand their rights under the Federal Employers’ Liability Act (FELA). This informative blog post aims to equip Missouri’s railroad workers with a clear understanding of their FELA rights in case of workplace injury. We will explore the key provisions of the act, eligibility requirements, and the types of compensation available to injured workers.
What is FELA and Why is it Important for Missouri Railroad Workers?
FELA is a federal law that provides legal recourse for railroad workers injured due to their employer’s negligence. Traditional workers’ compensation typically applies in most other industries. However, FELA offers railroad workers a chance to seek full compensation for their losses. It includes pain and suffering, lost wages, and medical expenses.
Key Provisions of FELA
Negligence-based system
Missouri’s workers’ compensation is a no-fault system. Meanwhile, FELA requires the injured worker to prove that the railroad company’s negligence partially or fully contributed to their injury. This negligence can manifest in various ways. Some of it includes failing to provide proper safety equipment, inadequate training, or neglecting to maintain safe working conditions.
Shared fault
FELA recognizes the concept of “shared fault.” This means that the worker’s negligence can be factored into the equation when determining the amount of compensation they receive. However, unlike some other states, Missouri follows a modified comparative negligence rule. This only bars an injured worker from receiving compensation if their negligence is deemed 50% or more responsible for the accident.
Right to jury trial
FELA grants railroad workers the right to a jury trial in federal court. As a result, it allows them to present their case before a jury of their peers. This differs from Missouri’s workers’ compensation system, which typically involves administrative proceedings.
Who is Eligible for FELA Protection in Missouri?
FELA applies to a broad range of railroad employees, including:
- Train and engine crews
- Track maintenance workers
- Signal crews
- Yard workers
- Shop workers
- Administrative staff directly involved in railroad operations
It’s important to note that FELA only applies to employees of railroads involved in interstate commerce, even if the specific injury occurred within Missouri. This includes any railroad that transports goods or passengers across state lines, even if they also handle intrastate activity.
Types of Compensation Available Under FELA
If you are a Missouri railroad worker injured due to your employer’s negligence and are eligible for FELA protection, you may be entitled to compensation for various damages, including:
- Medical expenses: This includes past, present, and future medical costs associated with your injury. It also includes hospital bills, doctor’s fees, medication, and physical therapy.
- Lost wages: FELA allows you to recover lost wages due to your injury, including overtime pay and fringe benefits. You may also be entitled to compensation for future lost earning capacity if your injuries prevent you from returning to work or diminish your ability to earn a living.
- Pain and suffering: FELA recognizes the intangible costs of your injury, including physical pain, emotional distress, and loss of enjoyment of life.
- Loss of consortium: This type of compensation is available to spouses who have suffered a loss of companionship and intimacy due to their injured partner’s condition.
Being injured on the job can be a devastating experience. For railroad workers in Missouri, the road to recovery can be even more complex due to the intricacies of FELA. However, by understanding your rights under this federal law and seeking legal counsel, you can take the necessary steps to secure the compensation you deserve to move forward with your life. Remember, knowledge is power, and understanding FELA is a crucial first step toward navigating the tracks to recovery.