What Is Alternate Dispute Resolution?

With the enactment of the Federal Employers Liability Act (FELA) in 1908, railroad workers for companies that conduct interstate commerce have a greater opportunity to retain FELA lawyers to seek compensation for railroad worker accidents.  In some cases, a solution to a FELA lawsuit must await a jury trial.  However, more and more often courts are recommending, or even requiring, that lawyers, victims, and defendants enter into “alternative dispute resolution.”  This can be as simple as lawyers holding settlement conferences can.  It can also include informal mediation or arbitration between both parties.  Finally, it can be a more formal negotiation between lawyers, sometimes even including judicial presence to decide the railroad worker injury lawsuits. 

When alternative dispute resolution is completed, a settlement may be reached and going to court at is avoided.  This should result in acceptable compensation for victims of railroad worker accidents and defendants alike, saving court costs and time, and allowing for more privacy for those involved in railroad worker accidents.  However, if FELA lawyers are unable to reach a settlement, they may have to take the lawsuit to court. 

FELA Compensation
Victims of railroad worker accidents are entitled to retain FELA lawyers in order to obtain compensation.  That compensation is awarded according to the degree of

• Medical costs incurred by railroad worker accidents
• Lost wages as a result of railroad worker accidents
• Suffering, pain, and mental distress resulting from railroad worker accidents

In order to receive compensation in FELA lawsuits, a FELA lawyer must only prove that the railroad worker accidents occurred due to negligence on the part of the defendant.  That defendant may be the railroad company that employs the victim of railroad worker accidents, the manager of faulty equipment that caused railroad worker accidents, or other employees or visitors who caused railroad worker accidents.  In addition, the plaintiff in FELA lawsuits does not have to be the victim of railroad worker accidents.  If that victim is killed, their family has a right to enlist FELA lawyers to file FELA lawsuits on their behalf.

In addition, the burden of proof is not the same as that required in regular workers’ compensation cases.  FELA lawyers must merely prove that the defendant was somehow negligent, and that that negligence somehow led to railroad worker accidents.  That is called a “featherweight” burden of proof, and makes FELA lawsuits easier to prove and win for FELA lawyers.

Because of the “featherweight” burden of proof in FELA lawsuits, the railroad’s best defense is “comparative negligence.”  That means that a defense attorney can mitigate the compensation amount their clients must pay in railroad worker accidents by proving the victim’s negligence partially caused or contributed to the injury.  In these kinds of cases, if the victim’s FELA lawyer proves that the plaintiff deserves $100,000 in damages, and that the defendant was 70% at fault, they will have to pay $70,000 to the plaintiff.  The plaintiff must then pay $30,000 of the damages themselves, corresponding to the percentage of fault assigned to them by the court.

Precluding FELA Lawsuits  
Because of the number of railroad worker accidents, FELA not only addressed compensation for those injured, but led to more stringent safety rules for railroad companies.  The goal was to reduce the number of railroad worker accidents, and therefore, reduce the need to call FELA lawyers in order to file FELA lawsuits.  In general, those statutes encourage:

• Providing a reasonably safe working environment to avoid railroad worker accidents
• Regular maintenance and inspections to ensure a safe working environment
• Better training and supervision of employees to avoid FELA lawsuits
• Elimination of unreasonable deadlines and work quotas which lead to FELA lawsuits

Time has seen the creation of a number of organizations to codify and inspect for these kinds of safety standards in order to prevent railroad worker accidents and eliminate the need for FELA lawyers and FELA lawsuits.  However, that has not yet been accomplished.  Yet, when railroad worker accidents do occur, it is easier for FELA lawyers to prove negligence because of the obvious liability when one or more of these statutes is violated. 

FELA Claims
If you or someone you know is involved in railroad worker accidents, you should consult a FELA lawyer who is experienced in these kinds of cases and can protect your rights.  If you have grounds to file a FELA lawsuit, you will need the expertise of a FELA lawyer who knows the regulations and court proceedings so that you can win the compensation to which you are entitled.