Employer Responsibility Under FELA

The Federal Employers’ Liability Act (FELA) plays a vital role in the railroad industry. This pivotal law doesn’t just protect injured railroad workers. It also sets a high bar for employer responsibilities. From maintaining safe working conditions to providing adequate training, the obligations under FELA are far-reaching.

FELA created a system where injured workers could get compensation for their injuries. It also provided railroad companies and employers with uniform liability standards. FELA requires that railroads provide their workers with a reasonably safe work environment.

The following article provides an overview of employer responsibilities under FELA. Still, a FELA attorney is your best resource if you’re an injured railroad worker. An experienced lawyer near you can evaluate your claim and help you get the benefits you deserve.

What Is FELA?

The Federal Employers’ Liability Act (FELA) is a special federal law made to protect railroad workers. FELA covers their injury claims if a railroad worker gets hurt on the job. It’s different than regular workers’ compensation laws. These laws cover state workers in other industries.

One key point about FELA is that it focuses on the railroad’s negligence or carelessness. If a railroad employer doesn’t follow safety rules and a worker gets hurt, that constitutes negligence.

For FELA cases, proving the employer’s negligence is a critical step. This is where FELA lawyers can be a critical support. They can give injured railroad workers valuable legal advice and help prove their employer’s negligence.

Unlike in a workers’ compensation claim, the injured employee carries the “burden of proof” in a FELA case. This means that the worker or their loved one must show that the railroad employer did something wrong that led to workplace injury.

FELA lawyers can help with this, too. They know how to gather the right evidence and present a strong case in federal court.

When a worker gets hurt, FELA cases can cover many different expenses. They can help with medical bills, personal injury costs, and even compensate for lost wages if the worker cannot work due to their injury.

In unfortunate cases where a worker has died from a job injury, FELA can also help the family with a wrongful death claim.

Employer Duties Under FELA

Under FELA, employers have certain responsibilities. These include:

• Ensuring a safe work environment. Employers must take all reasonable steps to make the workplace free of hazards and unsafe conditions. This might mean keeping up with the maintenance of equipment and tools and the use of adequate safety devices.
• Providing appropriate training. Employers must offer adequate training to their workers to ensure they can perform their tasks safely and competently.
• Supervising and inspecting the workplace. Employers should properly supervise their employees to prevent accidents and injuries. Employers should check the workplace for potential hazards. Not all hazards are obvious. Some are hidden or develop over time.
• Complying with safety regulations. Employers must adhere to all applicable safety laws and regulations in the railroad industry. 
• Providing necessary tools and equipment. Employers should supply the workers with the appropriate tools and equipment to carry out their work safely.
• Addressing reported hazards. Employers should promptly address and rectify any reported hazards in the workplace. Employers should also warn employees of any known dangers.
• Providing medical treatment. If a worker gets injured on the job, the employer must ensure they get the necessary medical treatment.
• Fairly handling injury claims. Employers must deal fairly with injury claims made by workers. They must cooperate with the insurance company and the worker’s FELA lawyers.
• Giving workers time off to recover. When workers get injured, employers should provide adequate time off to recover before returning to work.

By fulfilling these responsibilities, employers can contribute to a safer work environment in the railroad industry. They also protect themselves from potential FELA cases. An employer found to be negligent will be liable under FELA. They will be responsible for paying the employee for their damages.

FELA vs. Workers’ Compensation

FELA and workers’ compensation insurance are designed to help workers after a work-related injury. But while workers’ comp typically only covers medical expenses and some lost wages, FELA can cover a broader range of expenses.

Further, workers’ comp doesn’t require proof that the employer was at fault. But FELA does. This is why injured railroad workers are more likely to need help from an attorney to collect benefits.

An Attorney Can Help With Your FELA Claim

This list of an employer’s duties to railroad workers under FELA is not exclusive. While the facts of your case may differ from what’s discussed above, your legal right to compensation under FELA may be the same. The best way to know is to consult an experienced FELA attorney.

Injury cases, like a train accident or a brain injury, can be especially complex. The insurance company may not want to pay. The injured worker might not know what to do. This is where accident lawyers come in, especially those who understand FELA.

The right attorney can help secure the benefits you’re entitled to under the law. FindLaw’s directory of railroad injury attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Many law offices offer free case evaluations.