Is FELA basically Workers’ Compensation For Railroad Workers?
Dangerous jobs call for powerful protection. That is why the Federal Employers Liability Act (FELA) was enacted by Congress in 1908. Railroading is a dangerous job, and railroad worker accidents have always been a problem for such employees and their families. However, when rail use increased six fold at the turn of the century, so did railroad worker accidents. FELA was established to provide a means by which those victims of railroad worker accidents could gain the compensation they deserved.
The truth is, under “no fault”
workers’ compensation laws, there was no incentive for railroad companies to improve their safety standards or oversee compliance at all their locations. As a result, railroad worker accidents continued to mount with no relief in sight. FELA laws allow those injured in railroad worker accidents and their
railroad worker injury attorneys to file FELA lawsuits and receive compensation for their injuries. When attorneys win FELA lawsuits and railroad companies are found liable for railroad worker accidents, the resulting awards can, in some cases, reach millions of dollars. That is a tremendous incentive for railroad companies to improve their safety standards to avoid such lawsuits.
Liability in FELA Lawsuits
The key to winning these types of lawsuits is for victims of railroad worker accidents to retain FELA attorneys who can prove that defendants were in some way liable for their injuries. If the plaintiff’s attorney successfully proves any degree of negligence on the part of the defendant in their lawsuit, the court then must decide the amount of compensation to award in the injured railroad worker lawsuit. That compensation is calculated by railroad worker injury attorneys and courts based on three factors:
- The cost of medical care as a result of railroad worker accidents
- The amount of past, present, and future lost wages resulting from railroad worker accidents
- The degree of pain, mental distress, and suffering resulting from railroad worker accidents
While the burden of proof placed on FELA attorneys in FELA lawsuits is considered “featherweight” compared to other types of
personal injury cases, another aspect of FELA must also be considered. A defendant in FELA lawsuits may attempt to prove that the plaintiff was partially negligent, and therefore should share in the compensation for railroad worker accidents. At the same time, the victim’s FELA attorney attempts to prove that the defendant was 100% at fault for those injuries. The percentage of blame can be shared, as can the responsibility for compensation. If an attorney only proves that the defendant was 80% at fault for the plaintiff’s injuries in the FELA lawsuit, and the court determines there are $100,000 in damages, the defendant will be required to pay $80,000 and the plaintiff will be responsible for the remaining 20%, or $20,000, themselves.
In FELA lawsuits, attorneys can also find that there are various defendants. Not only can railroad worker injury attorneys file suit against the railroad company for railroad worker accidents, they may also file lawsuits against equipment manufacturers or other contractors for railroad worker accidents caused by faulty equipment.
In addition, FELA lawsuits are not limited to the victims of railroad worker accidents. The families of victims killed in railroad worker accidents are eligible to retain FELA attorneys and file lawsuits to receive compensation for their loss. Employees who suffer railroad worker accidents in situations other than dangerous railroad tasks are also eligible to file FELA lawsuits. Attorneys need only prove that victims of railroad worker accidents were on the job and the employer was at fault in some way for the injury in order to receive compensation from FELA lawsuits.
Other FELA Benefits
In addition to the opportunity to engage FELA attorneys to file lawsuits after railroad worker accidents, the Act encouraged railroad companies to tighten safety standards in their companies to reduce the number of FELA lawsuits and the need to consult FELA attorneys to file them. Those efforts have produced
- Higher standards of safety in railroad work environments
- Increased oversight and inspection to ensure safe work environments
- Greater commitment to training and supervision of employees
- Stiffer enforcement of safety standards in railroad work environments
- Elimination of unreasonable deadlines and work quotas
FELA Settlements
In many cases, railroad worker attorneys can settle railroad injury related lawsuits out of court. Attorneys may call for negotiations, arbitration out of court themselves, or the court may order such alternative dispute resolution.
Settlements are often reached this way; however, when that does not work, FELA attorneys must be able to litigate these difficult lawsuits in court. That is why it is important to take the time to find a skilled FELA attorney who knows the courts and FELA statutes and can compile a winning case for you.