What Is FELA?

In 1889, President Benjamin Harrison called the conditions under which America’s railroad workers had to do their job equal to those of a soldier at war.  What are these workers at war with?  Railroad worker accidents.  He spoke those words at the beginning of an explosion in railroad use and railroad worker accidents.  As a result, the Federal Employers Liability Act (FELA) was enacted in 1908 to protect employees from railroad worker accidents and hold companies responsible for safety in that workplace.

Railroad worker accidents have led to thousands of FELA lawsuits since the inception of the ACT.  It is estimated that nearly sixty percent were railroad worker accidents.  FELA lawsuits provide a defense and compensation for those employees that wasn’t there a century ago.  FELA lawyers have become experienced in determining the cause of on-the-job railroad worker accidents, and representing workers involved in railroad worker accidents is under the purview of skilled FELA lawyers.  The records show that many FELA lawyers have a winning record in railroad worker injury lawsuits or settlements.

In addition, FELA has become responsible for safety standards in the industry to protect employees from railroad worker accidents.  Generally, FELA duties include

• Ensuring a work environment, with its equipment, that is reasonably safe, in order to avoid railroad worker accidents
• Inspecting the workplace on a regular basis to ensure that it meets safety standards and prevents the majority of railroad worker accidents
• Providing the training, supervision, and assistance to eliminate railroad worker accidents
• Providing an environment in which workers are protected from the unsafe or intentionally harmful acts of others and avoiding FELA lawsuits
• Enforcing the safety rules and regulations that are deemed essential to avoiding railroad worker accidents
• Protecting employees from unrealistic and harmful quotas and deadlines that could lead to railroad worker accidents

Railroad Worker Accidents Liability
For railroad worker accidents, the liability is different from in most workers’ compensation lawsuits.  Under current workers’ compensation law, such cases are considered “no fault” claims, whereby the employer is automatically considered “at fault” for worker accidents.  On the other hand, FELA requires that the employee prove employer liability.  This can be a difficult process; however, a skilled FELA attorney can guide an injured employee through the legal steps to file a FELA lawsuit.  Even if an employee is familiar with FELA laws, it can be difficult dealing with corporate attorneys in FELA lawsuits, and without the help of a FELA lawyer, the claim may be difficult to prove. 

One of the difficulties requiring the counsel of a lawyer who is experienced in FELA laws is that FELA liability statues include the “comparative negligence” defense, by which a railroad’s lawyer attempts to prove victims have some liability for their own railroad worker accidents.   Even if the railroad was 90% at fault, if they can prove that the victim was 10% at fault in a FELA lawsuit, that limits the amount of damages the company is required to pay in the railroad worker injury lawsuit.  That is why it is so important for victims of railroad worker accidents to contact their own FELA lawyer to ensure that the liability percentages are accurately documented in a FELA lawsuit. 

However, victims are not the only ones entitled to file a FELA lawsuit under FELA laws.  If employees are killed as a result of railroad worker accidents, the surviving members of their family are entitled to retain a lawyer experienced with FELA Law and file a FELA lawsuit.  Immediate family members, such as a surviving wife or children, or in other cases, parents and siblings, have the right to contact a lawyer and file a FELA lawsuit. 

FELA Lawsuit Compensation
On the other hand, the victims of railroad worker accidents have one advantage in FELA lawsuits in that there is only a “featherweight” burden of proof required to establish the liability of the railroad employer.  If a FELA lawyer can prove that the employer in railroad worker accidents is found to have even a small portion of liability, they can still be held accountable for compensation.  That compensation can come in the form of

• Medical bills incurred by the employee in railroad worker accidents
• Pain, suffering, and mental distress incurred in such accidents
• Lost wages as a result of railroad worker accidents

Often, that compensation can amount to hundreds of thousands of dollars in a very public FELA lawsuit.  In other cases, a victim’s FELA lawyer may reach a settlement that meets their needs without going through a public trial. 

That is why it is so important to select a FELA lawyer carefully.  Not only must they be experienced in handling FELA lawsuits, they must also be willing and able to negotiate if the FELA lawsuit is remanded to alternative dispute resolution.  That usually means required settlement resolution negotiations on the part of a FELA lawyer and the railroad representatives.  Mediation and arbitration can also be involved, and a skilled FELA lawyer should be able to navigate both well.  If such negotiations are unsuccessful, the lawyer must be a successful litigator and argue a FELA lawsuit in court.

FELA Claims
Depending on the type of railroad worker accidents, the degree of comparative negligence, and seriousness of the injury, the awards and settlements that result from FELA lawsuits can, at times, be quite large.  One of the largest FELA lawsuit settlements in history occurred in 1999 when a poorly trained railroad worker lost both legs in a switching accident.  His FELA lawyer won a settlement of over $8 million for a teenage worker who lost a lifetime of wages, suffered pain and mental distress, and had monumental and ongoing medical expenses.  Another railroad worker sustained serious neck and back injuries after a derailment, and their FELA lawyer won a $370,000 settlement for them.

Not all FELA lawsuits are so extensive, but it is important to know that FELA laws are there to protect railroad workers, and FELA lawyers are skilled at defending worker’s rights.  Anyone who has suffered an injury or illness through their work for a railroad should call a FELA lawyer to learn if they have a case.