FELA Lawsuits

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FELA Lawsuits

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If you or someone you know has been injured while working for a railroad company, you have rights and may be entitled to compensation under the Federal Employees Liability Act (FELA).

What is FELA

The Federal Employees Liability Act (FELA) is a series of federal laws, originally passed by Congress in 1908 to protect the rights and safety of railroad workers. FELA created a system whereby injured railroad workers would receive legal compensation for their injuries.

Under FELA, railroads have a duty to provide safe places of work for their employees, safe equipment, tools and proper working conditions, and to ensure that employees are properly trained, equipped and supervised. FELA protects railroad workers and their families from the negligent acts of railroad companies or their employees which result in injury or death to the workers. FELA is the equivalent of workers compensation for railroad employees.

Who is Subject to FELA?

FELA applies to all railroad common carriers and their employees who are engaged in interstate commerce. Three factors must be present for an injured railroad worker to collect damages against his employer under FELA:

The employee must be injured while in the course of his employment. Generally the employee is protected while he is at any place off or on railroad property where he has been sent by his employer.
The railroad must be engaged in interstate commerce. Today this issue is rarely raised as almost all of the duties of employees of interstate railroads are in the furtherance of interstate commerce.
Negligence on the part of the railroad played some part in causing the employee’s injury.

Injuries Covered by FELA

FELA covers four basic types of injuries:

Sudden and traumatic injuries (broken bones, back strains, pulled muscles and tendons, lacerations)
Repetitive stress injuries (carpal tunnel syndrome, tendonitis, hearing loss)
Aggravation of preexisting conditions
Occupational diseases (lung cancer, skin diseases, and asbestos related diseases)

Recovery of damages is generally allowed for injuries caused by:

Negligence of the railroad
Failure of the railroad to provide safe tools, equipment, appliances, or a safe place to work
Violation of the Safety Appliance Act, Boiler Inspection Act or Power Brake Law hours of service and OSHA Regulations

Time Period to File Complaint

FELA cases must be filed within three (3) years of the date of the accident. There is an exception to this rule for cases of repetitive stress or occupational diseases. In those instances, the statute of limitations begins to run when the employee reasonably should have known he/she had a work related injury.

Where are Complaints Filed?

Under FELA, injured employees have the right to a trial by jury in any city, large or small, in which the railroad conducts business. They also have the right to file their claim in either the Federal or State court system.

Recoverable Damages

FELA allows for recovery of the following damages upon a finding of negligence:

Past and future lost wages, including loss of benefits such as health and dental insurance
Past and future medical expenses necessary for treatment of the injury (unless already paid or covered by insurance provided by the railroad)
Past and future pain, suffering and mental distress
If killed on the job, the worker’s survivors are entitled to recover all damages, without limit, which they have suffered as a result

The amount of compensation an injured railroad worker is entitled to recover depends upon:

1) The seriousness of the injury and resultant losses; and

2) Whether the injured person can show that his injury was due to the fault of the railroad, the negligence of its employees, or due to a defect in equipment, tools, or unsafe working conditions.

Major US railroad companies