Gerald J. Kennedy, Jr. v. Rochester & Southern Railroad

Rochester, New York personal injury lawyers represented the Plaintiff who sued the Defendant on a Railway Federal Employer's Liability Act negligence theory.



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The Federal Employers Liability Act (FELA) is a US federal law that provides compensation to railroad employees injured on the job due to their employer's negligence. Unlike typical workers' compensation, which is a no-fault system, FELA requires employees to prove their employer's negligence contributed to their injury. FELA allows injured workers to sue their employers in state or federal court.

Here's a more detailed look at FELA:

Key Features of FELA:



Negligence Requirement:



FELA requires proof that the railroad company was negligent in some way, and that this negligence contributed to the employee's injury. This could involve unsafe working conditions, faulty equipment, or inadequate training.



Damages:



If negligence is proven, FELA allows for compensation for various damages, including:



Lost wages (past and future).



Medical expenses (past and future).

Pain and suffering.

Disability and disfigurement.

Loss of life's pleasures.



Court Jurisdiction:



FELA cases can be filed in either state or federal court, and state court cases cannot be removed to federal court.



Statute of Limitations:



There is a three-year statute of limitations for filing a FELA claim, meaning a lawsuit must be initiated within three years of the injury date.



No-Fault System:



Unlike workers' compensation, FELA is not a no-fault system. It requires the injured worker to prove employer negligence.



Comparative Negligence:



If the injured worker is found to be partially at fault for the accident, it does not bar the claim entirely, but may reduce the compensation amount.



Employer's Duty:



FELA places an absolute duty on employers to provide a reasonably safe workplace.



In essence, FELA provides a legal pathway for railroad workers to seek compensation for injuries sustained due to their employer's negligence, acknowledging the inherent dangers of railroad work and providing a framework for fair compensation.

Settled for an undisclosed sum and dismissed with prejudice.