Railroad Violated Federal Safety Regulations, Can I Sue?

FELA, or the Federal Employer’s Liability Act, was enacted by Congress in 1908 to protect railroad workers who are in a dangerous occupation.  In fact, when railroad usage increased at the turn of the century, so did railroad worker accidents.  FELA was enacted to provide a means by which victims of railroad worker accidents could be compensated for their costs and pain. 

However, unlike workers’ compensation legislation, which is a no-fault system, injured railroad workers can receive compensation through FELA lawsuits only if the defendant (usually the railroad company), is proven to be liable for the accident.  Simply put, if a awyer can prove that the employer has fault or liability for railroad worker accidents, victims can file railroad worker injury lawsuits for compensation.  And in fact, if FELA lawyers can prove that a defendant violated federal safety regulations, it makes it even easier for those  lawyers to win their FELA lawsuits for victims of railroad worker accidents.

FELA Statutes
FELA provided more than just a way for victims of railroad worker accidents and their  lawyers to file lawsuits.  It also encouraged railroad companies to increase their safety regulations and maintenance.  Indeed, it’s not surprising that the possibility of injured employees hiring FELA lawyers to file railroad worker injury lawsuits has caused employers to take steps to avoid further railroad worker accidents.  Those regulations include:

• Maintaining a safer work environment
• Regularly inspecting the safety features of that work environment
• Increasing the training and supervision of employees
• Protecting employees from the negligent or intentionally harmful activities of others
• Enforcing the safety regulations established for the workplace
• Eliminating all unreasonable and harmful deadlines and quotas

If any of those standards or regulations has been violated, and railroad worker accidents have occurred as a result, those workers are eligible to consult a FELA lawyer about filing a lawsuit.  However, that FELA lawyer must prove liability on the part of the defendant.  The defendant in most railroad worker accidents is the railroad company.  Lawyers may also file lawsuits against equipment manufacturers and other employees with fault in railroad worker accidents for faulty equipment and intentionally harmful acts. 

In lawsuits, lawyers must be aware that the degree of fault in railroad worker accidents can be shared by the defendant and the victim.  This is called “comparative negligence,” and if the lawsuit goes to trial, a judge will award compensation based on the percentage of fault the victim’s FELA lawyer can prove belongs to the defendant.  This can mean that in a FELA lawsuit where damages amount to $100,000, when a lawyer proves that a railroad company was 70% at fault for the accident, that company must pay $70,000 to the plaintiff, who must bear $30,000 of the costs, which equals the percent of fault attributed to them. 

It is important to understand, however, that victims of railroad worker accidents can retain FELA lawyers and file claims against their employers even if there is only a minimal amount of fault.  This is called a “featherweight” burden of proof, requiring only that the defendant, usually the railroad, be found liable for railroad worker accidents even to a small degree. 

Generally, when a FELA claim is filed, the lawyer and the attorney of the defendant may agree to attempt to negotiate a settlement of the FELA lawsuit outside of court.  The court may also order such “alternative dispute resolution” in order to limit court costs, save time, and reach an equitable agreement about compensation for railroad worker accidents.  If that is not possible, the FELA lawyer will have to argue the FELA lawsuit in court.

FELA Compensation
After retaining a lawyer and filing  lawsuits, victims of railroad worker accidents either negotiate a settlement with the defendants or go to court.  FELA lawyers are seeking compensation for the victim or railroad worker accidents relating to three areas:

• Medical costs resulting from railroad worker accidents
• The amount of wages lost as a result of railroad worker accidents
• How much pain, suffering, and mental distress were caused by railroad worker accidents

If railroad worker accidents result in the death of the victim, the victim’s family has the right to contact a FELA lawyer and file a railroad worker injury lawsuit for compensation in the same way. 

It is vital for those who suffer railroad worker accidents to take immediate steps to file a FELA lawsuit or claim, because the railroad companies will have their own lawyers working to refute your claim or FELA lawsuit immediately.  Once your injuries are treated, find an experienced FELA lawyer to guide you through the difficult process.