Federal Employers Liability Act and Dallas Work Injury

Texas workers’ compensation laws make it impossible for an injured worker to sue his or her employer, with a few exceptions. One of these exceptions is the Federal Employers Liability Act, a federal act that applies only to railroad workers. It was enacted in 1908 in response to a large number of work-related deaths among railroad workers at the time. It allows injured railroad workers to sue their employers for work-related injuries.

Differences Between FELA and Texas Workers’ Compensation

Texas has a “no-fault” workers’ compensation system, which means that an injured worker is eligible for compensation without needing to show that the injury was his employer’s fault. FELA, on the other hand, requires an injured railroad worker to prove that his employer was negligent. Meeting this evidentiary burden can be difficult, so it is more important that you hire a Dallas work injury lawyer for a FELA case than it would be for a normal workers’ compensation claim.

This raises one major question: If it’s harder to receive compensation under FELA than through the Texas workers’ compensation system, why would an injured railroad worker sue his employer instead of just taking workers’ compensation? Unfortunately, Texas workers’ compensation law places a cap on the amount an injured worker can recover, and this is frequently not enough to offset the true cost of your injury, especially if it involves permanent disability. FELA has no such limitation and lets you recover for the full amount you deserve.

If you are a Texas railroad worker who was injured on the job as a result of your employer’s negligence, don’t settle for what you’d get through workers’ compensation. Call Dallas work injury lawyer Dean Malone to learn how he can help.

– Guest Contributor

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.