Understanding the Federal Employers’ Liability Act (FELA)

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What is the FELA?
History of the FELA
Who is covered under the FELA?
What types of injuries are covered?
Common Damages Awarded Under the FELA
Frequently Asked Questions About the FELA

What is the FELA?

If you work for a railroad and are injured on the job, the Federal Employers’ Liability Act (FELA) may protect you. Passed in 1908, this federal law gives railroad workers the right to seek compensation when their injuries are caused by their employer’s negligence.

Unlike traditional workers’ compensation, which pays benefits regardless of fault, the FELA requires proof that the employer’s negligence played a role in the injury. While this might sound like an extra hurdle, it often leads to higher compensation for injured railroad workers.

History of the FELA

Railroad work is inherently dangerous. Before the enactment of the FELA, workers and their families were left to fend for themselves after devastating injuries.

Recognizing these risks, the government enacted the FELA to hold railroad companies accountable. Over the years, the law has helped thousands of railroad employees secure the compensation they deserve after workplace accidents.

Who Is Covered Under the FELA?

The FELA covers almost all railroad employees. This includes workers in various roles, such as:

• Conductors and engineers
• Track maintenance crews
• Signal operators
• Yard workers
• Mechanics and repair staff
• Dispatchers
• Office personnel

To qualify for a FELA claim, you’ll need to show that your employer’s negligence contributed to your injury. Some common examples include:

• Failure to provide a safe work environment
• Defective equipment or tools
• Inadequate training or supervision
• Exposure to harmful substances
• Failure to enforce safety regulations
• Working excessive hours
• Lack of help to complete a job

What Types of Injuries Are Covered?

FELA provides compensation for a wide range of injuries, including but not limited to:

• Broken bones and fractures
• Back and neck injuries
• Traumatic brain injuries
• Repetitive stress injuries
• Amputations
• Occupational illnesses (e.g., asbestos exposure, lung disease)
• Torn ligaments and soft tissue injuries
• In certain circumstances, emotional injuries

Common Damages Awarded Under the FELA

Under the FELA, compensation can be more extensive than standard workers’ compensation claims. The types of damages available include:

• Medical expenses (current and future treatment)
• Lost wages (including potential future earnings)
• Pain and suffering
• Disability and disfigurement
• Loss of quality of life
• Wrongful death benefits (for families of deceased workers)

Even if you were partially at fault for your injury, you may still be entitled to compensation, though your award might be reduced based on your level of responsibility.

Frequently Asked Questions About the FELA

How do I file a FELA claim?

To file a claim, you should first report the injury to your employer and seek medical attention. Next, consult an experienced FELA attorney to help gather evidence and file a lawsuit if necessary.

How long do I have to file a FELA claim?

You have three years from the date of your injury to file a claim.

Can I still receive compensation if I was partially at fault for my injury?

Yes. Under the comparative negligence rule, you can still recover damages even if you were partially responsible, but your award may be reduced based on your percentage of fault.

How is the FELA different from workers’ compensation?

FELA requires proof of employer negligence and allows for greater compensation, including pain and suffering damages, which is not typically available under workers’ compensation laws.

Get Legal Help for Your FELA Claim

If you or a loved one has been injured while working for a railroad, it is crucial to seek legal advice from an experienced FELA attorney. The process of proving negligence and securing fair compensation can be complex, and having skilled representation can make a significant difference in the outcome of your case.

Contact us today to learn more about your rights and legal options under the FELA.