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The Federal Employers Liability Act | FELA

FELA: An Overview

In the late 1800s, railroad expansion was a major undertaking in the U.S.
Unfortunately for the many workers employed by the railroad companies, this was an extremely dangerous job.
To keep railroad workers protected, a law was put into place: the Federal Employers Liability Act, or FELA.
Under FELA, railroad workers and their families became entitled to sue the railroad companies for compensation
in the event that they were injured or killed on the job. Read on to learn more about the history of FELA,
your rights under this act, and how you can obtain the compensation you deserve.

The History of FELA

1889 and 1920

Between 1889 and 1920, the railroad industry in the U.S. grew exponentially. This expansion led to increased dangers for railroad workers.

7 Years

In fact, the average life expectancy for a switchman working in 1893 was just 7 years, and the odds of a railroad brakeman dying on the job in 1888 were nearly four to one. When injuries and deaths occurred on the job, railroad workers and their families were not entitled to any form of compensation.

1908

This changed in 1908, however. FELA was passed by Congress, allowing injured railroad workers to sue their employers for compensation in the event they were injured on the job, and also enabling their families to sue if they were faced with the death of a family member. This act finally held railroad companies accountable for the dangerous conditions in which they placed their employees.

Your Rights Under FELA

Under FELA, railroad workers are entitled to both a safe workplace and the right to sue in the event that employer negligence causes injury or death on the job. First, FELA requires railroad companies to meet certain standards of duty, including:

  • Providing a reasonably safe workplace
  • Exercising a reasonable level of care for employee safety
  • Providing employees with safe equipment, tools, and safety devices
  • Choosing appropriately safe methods to carry out work
  • Providing the proper level of help to ensure that work is carried out safely
  • Inspecting the workplace for hazards that would inhibit safety
  • Creating and enforcing rules and best practices for safety
  • Providing the necessary training for equipment, tools, and work techniques

In the event that an employee becomes injured or dies on the job, FELA allows that employee or his or her family to sue the employer for compensation based on comparative negligence. This means that the accusing party must be able to prove that an employer acted negligently, causing injury or death. FELA differs from workers compensation because compensation is not awarded automatically; rather, negligence must be proven in a court of law.

Obtaining Compensation

If you or a family member has been injured or killed on the job in the railroad industry, you may be entitled to compensation, including:

  • Lost Wages
  • Medical Expenses
  • Funeral Costs
  • Lost Benefits
  • Pain & Suffering
  • Emotional Damages
  • Disability Pay

Because FELA has a three-year statute of limitations, it is imperative to seek legal help immediately to ensure the compensation you deserve.

Understanding FELA Today

Since its enactment in 1908, the Federal Employers Liability Act (FELA) has undergone several amendments to better protect railroad workers across the United States. It stands as a testament to the ongoing commitment to workplace safety and the rights of workers to fair compensation for injuries sustained on the job. Here, we delve into the current significance of FELA, its evolution, and how it applies to modern railroad industry workers.

Frequently Asked Questions (FAQ)

What distinguishes FELA from workers' compensation?
FELA requires proof of employer negligence, whereas workers' compensation does not. This distinction emphasizes the need for a legal framework that holds employers accountable for maintaining safe working conditions.
How has FELA evolved to address modern workplace safety?
Amendments to FELA have expanded its coverage to include psychological injuries, recognized occupational diseases, and improved safety regulations and enforcement mechanisms.
Can I file a FELA claim for a stress-related injury?
Yes, if you can prove that the stress-related injury was directly caused by your employer's negligence or failure to provide a safe working environment.

Need Legal Advice or Wish to Share Your Story?

If you or someone you know has been affected by issues related to railroad work and is seeking compensation under FELA, professional legal advice is crucial. Share your story with us or contact a FELA lawyer to understand your rights and the steps necessary to pursue a claim.