Jeffrey Garrels and Wendy Garrels v. Union Pacific Railroad Company

Wichita, Kansas personal injury lawyers represented the Plaintiffs who sued on a Federal Employer's Liability Act (FELA) theory.<br>
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The Federal Employers' Liability Act (FELA) is a US federal law that allows railroad workers to sue their employers for injuries sustained due to negligence or unsafe working conditions. Unlike typical workers' compensation, FELA requires employees to prove employer negligence, but it also allows for potentially higher compensation and doesn't limit benefits as much. <br>
Here's a more detailed breakdown:<br>
Key Features of FELA:<br>
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Negligence Standard:<br>
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FELA requires employees to demonstrate that their employer's negligence played a role in their injury. This means the employer failed to provide a safe working environment or took actions that contributed to the injury. <br>
No Strict Liability (Generally):<br>
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Unlike some workers' compensation systems where injury on the job automatically qualifies for benefits, FELA requires proving employer negligence. <br>
No Caps on Damages:<br>
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FELA does not limit the amount of damages an injured worker can receive. <br>
Comparative Negligence:<br>
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If an employee is partially at fault for their injury, their compensation may be reduced, but they can still recover as long as their negligence is not greater than 50%. <br>
Federal Law:<br>
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FELA is a federal law, but it can be enforced in both federal and state courts. <br>
Applies to Railroad Workers:<br>
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FELA specifically applies to railroad employees engaged in interstate commerce. <br>
Focus on Safety:<br>
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Over time, FELA has incentivized railroads to improve safety standards and practices. <br>
Examples of Negligence:<br>
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Examples of employer negligence under FELA can include failure to: inspect workplaces for hazards, provide adequate training and safety equipment, maintain equipment properly, and enforce safety regulations. <br>
What FELA Covers:<br>
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A FELA claim can be pursued for injuries resulting from negligence, failure to provide safety training or equipment, or violations of other safety acts like the Safety Appliance Act or Boiler Inspection Act. <br>
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In essence, FELA provides a legal framework for railroad workers to seek compensation for injuries caused by their employer's negligence, with the potential for substantial recovery. <br>

Settled for an undisclosed sum and dismissed with prejudice.