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It’s a common question among railroad employees often arising from misconceptions about the protections offered by the Federal Employers Liability Act (FELA) compared to standard workers compensation. The distinction is significant and understanding it can profoundly impact the benefits and compensation you may be entitled to following a workplace injury.

The Distinction Between FELA and Workers’ Compensation

Railroad workers do not fall under the workers’ compensation system. Instead, they are protected by FELA, legislation that generally offers more comprehensive coverage. Here’s why this difference matters:

  • Workers’ Compensation: Provides fixed benefits, including partial wage replacement and medical costs, without the need to prove employer negligence. It does not compensate for pain and suffering or full wage losses.
     
  • FELA: Allows for the recovery of full damages, including all lost wages (current and future), medical expenses, pain and suffering, and loss of life enjoyment. It requires proof of employer negligence, offering a more personalized and potentially greater compensation package.

Why FELA Offers Better Protection

  • Comprehensive Compensation: FELA covers a broader range of damages, including full lost wages, medical expenses, and non-economic damages like pain and suffering.
  • Negligence and Employer Accountability: FELA requires the establishment of some level of employer negligence, promoting safer workplace practices.
  • Comparative Negligence: Even if you are partly at fault for your injury, FELA allows for a proportional recovery, adjusting the compensation based on your degree of responsibility.
     
  • Federal Safety Violations: In cases where the railroad violates specific safety laws, FELA ensures the railroad is fully liable for damages, regardless of contributory negligence.

The Bottom Line

The Federal Employers Liability Act (FELA) provides extensive benefits that accurately reflect the true impact of workplace injuries. It is critical for you as an employee to understand your rights under FELA to ensure that you receive the full compensation you are entitled to for any job-related injuries. If you, as a Signalman, or a member of your family experiences a work-related injury or illness, it is important to fully understand your rights and benefits under FELA before settling any claims with your railroad employer. The Brotherhood of Railroad Signalmen has selected qualified legal representatives for BRS members dealing with injury cases governed by FELA.


ARLA | ACADEMY OF RAIL LABOR ATTORNEYS

ADVOCATES FOR RAIL SAFETY | PROTECTING FELA | PROVIDING EDUCATION | WHISTLEBLOWER SUPPORT

ARLA is a professional association of attorneys whose practice includes the representation of injured railroad workers and their families under the Federal Employers' Liability Act (FELA) and the Federal Rail Safety Act (FRSA), also referred to as the Railroad Whistleblower Law. ARLA was formed more than three decades ago and continues grow and innovate. ARLA provides a platform of educational opportunities, sharing of collective knowledge and experience of a national network of FELA attorneys, as well as growing its extensive library of FELA related documents. ARLA services keep our members up to date on the current trends related to FELA and much more.

Visit


FELA Attorneys

When Signalmen suffer a work-related injury or illness, BRS members or their families are encouraged to determine their rights and benefits under the Federal Employers' Liability Act before agreeing to any settlement with the railroad employer. The BRS has designated the attorneys listed in this directory to serve as qualified counsel for BRS members in employee injury cases covered by FELA.

Attorneys are listed by state and are designated to serve BRS members living or working in the general region of their offices. Designation of FELA counsel is by authority of the BRS Executive Counsel only. For questions not related to FELA, feel free to contact the listed attorneys, or utilize Union Plus to obtain quality legal assistance for an affordable price. 

BRS members are encouraged to provide information regarding FELA cases, including criticism or commendations regarding the service of designated counsel, and information on injuries and settlements. This information, which will be used in the continuing evaluation of this program, should be sent to Michael S. Baldwin, President, Brotherhood of Railroad Signalmen, 917 Shenandoah Shores Road, Front Royal, VA 22630-6418.


Contacts by State

W.C. Tucker, Jr.

Maples, Tucker & Jacobs, LLC
2001 Park Place North
Suite 1325
Birmingham, AL 35203
(205) 322-2333

(855) 617-9333

www.mtandj.com

F. Tucker, Burge

Burge & Burge, PC
2001 Park Place
Suite 1350
Birmingham, AL 35203
(205) 251-9000

www.burge-law.com


Lloyd L. Rabb, III

Rabb & Rabb, PLLC
7442 N. La. Cholla Blvd.
Tucson, AZ 85741
(520) 888-6740 • 800-354-3352

www.1stinjurylaw.com


Chris Christy

Law Office of H. Chris Christy
201 W. Broadway Street
Suite G12
North Little Rock, AR 72114
(501) 454-3949


Jay A. Kaplan

Kaplan Law Corporation
1901 Avenue of the Stars, 19th Floor
Century City, CA 90067
(800)552-7526

www.kaplanlawcorp.com

Anthony S. Petru

Hildebrand, McLeod & Nelson
5335 College Ave
Suite 5A
Oakland, CA 94618
(510) 451-6732 • 800-447-7500

www.hmnlaw.com


Jeffrey Chod

Chod Law Office
P.O. Box 17727
Denver, CO 80217
(314) 541-5862

www.chodlawfirm.com


Larry Mann

Alper & Mann, PC
9205 Redwood Avenue
Bethesda, MD 20817
(202) 298-9191 • 800-747-6266


Howard A. Spier

Rossman Baumberger Reboso & Spier, PA
9155 S. Dadeland Blvd.
Suite 1200
Miami, FL 33156
(305) 900-5493

www.rbrlaw.com


F. Daniel Petro

Petro & Harrington, LLC
150 S. Wacker Drive
Suite 2400
Chicago, IL 60606
(312) 332-9596 • 800-472-5729

www.petrofelalaw.com

Daniel J. Downes

Cavanagh Law Group
161 N. Clark Street
Suite 2070
Chicago, IL 60601
(312) 425-1900

www.cavanaghlawgroup.com


P. Matthew Darby

Darby Law Group, LLC
201 International Circle, Suite 200
Hunt Valley, MD 21030
(833) 601-3473

darby-lawgroup.com


Robert T. Naumes

Naumes Law Group LLC
2 Granite Avenue, Suite 425
Milton, MA 02186
(617) 227-8444 • 844-826-8445

www.naumeslaw.com


Benjamin J. Wilensky

Sommers Swartz, PC
1 Towne Square, Suite 1700
Southfield, MI 48076
(248) 357-0300 • (800)783-0989

www.railroadinjurylaw.com


Randal W. LeNeave

Hunegs, LeNeave & Kvas
1000 Twelve Oaks, Center Drive, Suite 101
Wayzata, MN 55391
(612) 339-4511 • 800-328-4340

www.hlklaw.com


Gene C. Napier

Hunegs, LeNeave & Kvas
1712 Main Street, Suite 266
Kansas City, MO 64108
(913) 484-3884

Drew C. Baebler

The Baebler Firm, LLC
11878 Gravois Rd
St. Louis, MO 63127
(314) 270-9900

www.raillaw.com


Marc Wietzke

Flynn and Wietzke, PC
1205 Franklin Avenue
Garden City, NY 11530
(516) 877-1234

www.felaattorney.com


Andrew J. Thompson

Shapero | Roloff Co., LPA
1111 Superior Avenue East, Suite 1310
Cleveland, OH 44114
(216) 781-1700 • 800-321-9199

www.shaperoroloff.com


Michael J. Olley

Coffey, Kaye, Myers & Olley
Two Bala Plaza, Suite 718
Bala Cynwyd, PA 19004
(610) 668-9800 • 800-334-2500

www.ckmo.com

Don P. Palermo

Palermo Law Offices
111 North Olive Street
Media, PA 19063
(215) 499-2957

www.palermolaw.org


Weldon Granger

Robert M. Tramuto

Jones, Granger, Tramuto & Halstead
10000 Memorial Drive, Suite 888
Houston, TX 77024
(713) 668-0230 • 800-231-3359

www.jonesgranger.com


Willard J. Moody, Jr.

The Moody Law Firm, Inc.
500 Crawford Street, Suite 200
Portsmouth, VA 23704
(757) 393-4093 • 800-368-1033

www.moodyrrlaw.com


James K. Vucinovich

Rossi Vucinovich, PC
1000 Second Avenue, Suite 1420
Seattle, WA 98104
(425) 646-8003 • 866-357-7245

www.www.rvflegal.com


Nicholas D. Thompson

Casey Jones Law Firm
3520 Cherryvale Avenue, Suite 83
Appleton, WI 54913
(612) 293-5249

www.caseyjones.law






Page Last Updated: Nov 20, 2024 (11:40:01)
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Brotherhood of Railroad Signalmen
917 Shenandoah Shores Road
Front Royal, VA 22630
  (540) 622-6522


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