New Jersey Railroad Law

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Cahill & Perry, P.C. outline important facts about New Jersey FELA laws and how injured railroad workers can pursue claims and receive awards under the FELA system.

What is the FELA?

FELA stands for the Federal Employers’ Liability Act which was enacted in 1908 by Congress to provide safety standards for those working in the railroad industry, and to provide benefits for railroad workers who suffer on the job injuries due to their employer’s negligence.

How does the FELA differ from workers’ compensation?

The main difference between FELA and workers compensation is that under FELA, a railroad worker must prove negligence on the part of the employer in order to receive compensation, whereas workers’ compensation benefits are based on a no fault system. Another important difference is that benefits in workers’ compensation claims are generally paid out according to a preset schedule, whereas FELA benefits are awarded according to a jury’s decision. The defendant or railroad employer’s main defense is usually comparative negligence, meaning that they will attempt to prove the railroad worker had some degree of fault in the injury and therefore his award must be diminished by the percentage of his degree of responsibility for the injury. Lastly, when pursing medical treatment in a FELA claim, the worker is free to choose their own doctors and place of treatment, while in workers’ compensation claims an injured employee is limited to the pre-approved treatment choices of his or her employer.

Who is eligible under the FELA?

Any injured railroad employee is eligible even if their job does not involve working around trains. As long as there was negligence on the part of the railroad employer, then the railroad employee can seek recovery for the physical and emotional harms suffered.

What types of damages are available through the FELA?

Injured railroad workers in New Jersey can recover past and future medical treatment, past and future lost wages that result from their injury or illness, and damages for past and future pain, suffering, and mental anguish. Also families may recover losses associated with the death of a loved one.

How do I recover FELA damages?

Because each case is different and the claims process can be complicated it is wise to consult an experienced New Jersey FELA attorney to help you with your railroad injury claim.

Process for FELA recovery

  • As soon as possible after an injury occurs or is discovered an employee must file a report with the employer.
  • After the railroad company and your railroad injury attorney investigate your claim to establish the reasons for the injury and who was at fault, the attorneys discuss a settlement of your FELA claim.
  • If a settlement is not reached, then your New Jersey railroad accident lawyer will file your claim with the court, thereby initiating a New Jersey FELA lawsuit. A railroad injury lawsuit that goes to court may be heard by either a judge or jury.
  • The injured employee (plaintiff) must only prove that there is some degree of negligence on the part of the railroad employer (defendant) in order to recover damages but the defendant may claim that the plaintiff was partially to blame for his or her injuries. If the defendant is successful in proving comparative negligence on the part of the plaintiff, the plaintiff’s railroad FELA award can be lessened by their degree of responsibility.

If you are a railroad employee in New Jersey, you are covered under the FELA law and may be entitled to compensation if you are injured on the job.

For more FELA information or for help with your railroad injury case, contact the Cahill & Perry law firm at 800-576-0515, or complete our web form.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

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If you are a railroad worker who has been injured on the job, you need a lawyer who understands the complicated FELA claims process. Find out how we can help you receive the compensation you deserve.

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