Railroad Worker Injuries and FELA: FAQ

Railroad work is dangerous and can result in serious injuries and even fatalities. The Federal Employers’ Liability Act (FELA) offers a unique safety net for railroad workers hurt at work. This federal law provides legal recourse for personal injury cases due to employer negligence.

This FAQ answers common questions about the process and benefits of a FELA claim:

• What is the Federal Employers’ Liability Act (FELA)?
• Who does FELA protect?
• What are some common railroad injuries?
• Can railway company office workers file a FELA claim?
• Do FELA claims go to court?
• What’s the difference between FELA and workers’ compensation?
• How do I prove the railroad’s liability under FELA?
• What does it mean when my attorney says my case is ‘featherweight?’
• What is comparative negligence and how does it affect my FELA claim?
• How do OSHA investigations impact my FELA claim?
• Can anyone other than a railroad worker bring a FELA claim?
• What is alternative dispute resolution in a FELA claim?
• What kind of damages can I get for my FELA claim?
• How can an attorney help with my railroad injury claim?

Navigating a FELA claim for a railroad accident is more complex than a typical workers’ comp claim. But you’re not alone, and legal support is available. A FELA attorney near you can answer your questions and guide you through each step of the process.

What Is the Federal Employers’ Liability Act (FELA)?

FELA, or the Federal Employers’ Liability Act, is a U.S. federal law. It was enacted in 1908 to protect railroad workers who were injured on the job. Under FELA, injured workers must prove that the railroad company was at least partially negligent in causing the injury. Once this negligence is established, the worker can claim compensation.

They can recover costs for:

• Lost wages
• Medical expenses
• Pain and suffering
• Future lost earning capacity

FELA covers a wide range of injuries. It can cover immediate physical injuries from train accidents to occupational diseases developed over time due to work conditions.

FELA also gives companies a uniform liability standard for working conditions. This includes employee safety regulations on the job. Employers are accountable if they fail to provide a safe work environment and may face significant financial consequences if found to be negligent.

Be aware of the statute of limitations. Under FELA, you have three years from the date of your injury to file your injury claim.

Who Does FELA Protect?

FELA specifically protects railroad workers who suffer injuries or illnesses related to their jobs. It applies to all railroad workers, not just those directly related to train operations. FELA protects the following workers in the railroad industry:

• Track and bridge maintenance crews
• Signalmen
• Yard workers
• Mechanics
• Electricians
• Office personnel

As long as the worker works for the railroad company and the injury or disease relates to their job, FELA covers them. By giving a legal avenue for workers to seek compensation, FELA encourages railroads to maintain safer workplaces.

What Are Some Common Railroad Worker Injuries?

Working in this industry can lead to a variety of severe railroad injuries, including:

• Back injuries
• Broken bones or strains
• Electrical burns
• Hearing loss
• Repetitive motion injuries due to continuous physical tasks
• Mesothelioma, a type of cancer caused by asbestos exposure
• Traumatic brain injuries (TBI)

These injuries cause physical pain and financial distress as medical expenses pile up.

Can Railway Company Office Workers File a FELA Claim?

Yes. FELA covers you as long as you work for a railroad company, whether you work on trains or in an office. The law office handling your FELA claim will help you prove that the railroad company’s negligence caused your work-related injuries or occupational disease. FELA protects railroad workers, including those whose primary duties are not performed in or around trains.

Do FELA Claims Go to Court?

Yes, but not always. Very soon after conducting separate investigations into what happened, you and your attorney, the railroad company, and all other parties will likely discuss a settlement of your FELA claim. Your case will only go to a jury trial if you can’t reach an agreeable settlement of your claim.

FELA cases can be in either state court or federal court. Having a qualified FELA lawyer on your side is important, as these cases are complex.

What’s the Difference Between FELA and Workers’ Compensation?

Both FELA and state workers’ compensation laws help compensate injured workers. But they work differently. Both operate under different rules and apply to different types of employees. FELA specifically covers railroad workers.

Workers’ comp is a no-fault system. It gives benefits regardless of who caused the accident. The workers’ compensation system is a state-regulated insurance program. In this system, workers give up their right to sue their employer in return for certain guaranteed benefits under their workers’ compensation claim.

In contrast, FELA is a federal law. It was specifically designed to protect railroad workers who are not covered by the usual state workers’ compensation laws. Unlike workers’ comp, FELA requires proof of employer negligence that led to the railroad accident. FELA is not a no-fault system. This means that a railroad worker injured on the job must prove that the injury occurred due to some negligence or fault on the part of the employer.

Examples of violations might include unsafe working conditions or inadequate training. If workers can prove this negligence, they can get compensation for medical expenses, lost wages, pain and suffering, and other damages.

How Do I Prove the Railroad’s Liability Under FELA?

To secure compensation under FELA, you must prove your employer’s negligence. This means proving that the railroad failed to provide a reasonably safe workplace. You must prove that their failure led to your job injury. Railroad injury lawyers often help establish this liability.

To bring a claim under FELA, you must show the defendant (the railroad company or an equipment manufacturer) was negligent. You must prove that their negligence caused your injuries. This basic idea in a FELA claim is to show that the defendant failed to provide a railroad worker with a reasonably safe workplace.

Under FELA, railroad companies and employers owe railroad workers many duties. If they fail to meet these duties, the violation can result in a finding of liability under FELA. These include the duty to:

• Provide a reasonably safe work environment, equipment, tools, and safety devices
• Inspect the work environment to ensure it is free of hazards
• Provide adequate training, supervision, assistance, and help to employees in their job functions
• Ensure workers are safe from harmful, intentional acts of others
• Enforce safety rules and regulations
• Prevent the use of unreasonable work quotas

The injury must have happened on a railroad that participates in interstate commerce. But this factor is almost always a given. FELA also serves as a guideline for railroad employment safety standards. Railroad companies must meet those standards.

For instance, suppose a railroad company breaches workplace safety standards under the Occupational Safety and Health Administration (OSHA). The scenario significantly changes under different laws, such as the Locomotive Inspection Act and the Railroad Safety Appliance Act. These are federal laws designed to enhance the safety of railroad workers.

These laws provide a more straightforward way to show that a violation occurred that led to an injury. The relationship between FELA and these acts is significant. When a breach of either one happens, it is often negligence per se. This means you only need to prove that the violation directly caused your injury, rather than establishing the full elements of negligence.

What Does It Mean When My Attorney Says My Case Is “Featherweight?”

“Featherweight” is a term injury law attorneys use. They might use this term to describe a case where the evidence of negligence is relatively light. A featherweight FELA claim can still succeed if the lawyer can show even a slight amount of negligence by the employer.

A person bringing a FELA claim needs only to show that the defendant was:

• Somehow negligent, and;
• That such negligence, no matter how small in relation to the injuries suffered, played some role in causing those injuries.

This is a “featherweight” burden of proof.

What Is Comparative Negligence and How Does It Affect My FELA Claim?

Railroads often use comparative negligence defense to try to reduce their liability. This means they argue that the worker was partially at fault for the accident. Under FELA, even if this is true, it does not entirely bar the personal injury claim. It may reduce the compensation you can get based on your percentage of fault. Fault in a FELA claim is often easier to establish than in most other lawsuits.

Comparative negligence works this way in practice: after all arguments in a FELA lawsuit, the jury will decide who is legally responsible for the railroad employee’s injuries. The court assigns some percentage of fault to the parties involved. This percentage will correspond to the damages awarded to the plaintiff.

For instance, consider a scenario where the jury finds that the railroad company and employer bear 75% of the responsibility for the employee’s injuries. The employee is accountable for the remaining 25%. If the total damage assessed for the plaintiff’s injuries is $100,000, the plaintiff gets 75%. This means the plaintiff will receive $75,000 from the defendant(s). This reflects their percentage of fault.

How Do OSHA Investigations Impact My FELA Claim?

An OSHA investigation into a railroad accident can provide crucial evidence for your FELA claim. This is particularly helpful in determining employer negligence. The investigation’s findings can support your case.

Suppose a court finds that a railroad violated federal OSHA standards on workplace safety (or safety standards set out in other laws). In that case, an injured railroad employee and their attorney will have a much easier time proving their case. All that they need to show is that the railroad violated the law and the railroad worker got injured.

Can Anyone Other Than a Railroad Worker Bring a FELA Claim?

Yes. Under FELA, if a workplace injury results in the death of a railroad worker, the worker’s surviving spouse and children will be able to get compensation. If the worker has no spouse or child at the time of death, this compensation usually goes to any surviving parents or other close family members.

Keep in mind that FELA specifically protects railroad workers who suffer injuries or occupational diseases because of their jobs. It’s an exclusive remedy within the railroad industry.

What Is Alternative Dispute Resolution in a FELA Claim?

Alternative dispute resolution (ADR) refers to methods of resolving legal disputes outside of court. This can be through mediation or arbitration.

ADR is much quicker than going to trial. When a person files a FELA claim, often judges order parties to undergo ADR. They do this to resolve the claim before trial in settlement negotiations.

Going to court for an employee injury is expensive and time-consuming. ADR offers a private and cost-efficient way for parties to settle the matter before trial. Most cases get settled before trial. But if parties can’t come to a settlement, the FELA lawsuit will go to trial.

What Kind of Damages Can I Get for My FELA Claim?

A successful FELA claim can usually bring compensation for the injured railroad worker’s:

• Past and future wage loss
• Past and future medical treatment
• Past and future pain, suffering, and mental distress
• Future lost earning capacity

How Can an Attorney Help With My Railroad Injury Case?

Even if you’re familiar with FELA, it’s wise to seek legal help. Personal injury lawyers experienced in FELA claims can protect your rights in several ways, including:

• Evaluating your case
• Navigating the complicated legal process
• Gathering evidence to support your claim
• Negotiating with the railroad company
• Helping prove the railroad’s negligence in court, if necessary
• Maximizing your claim and compensation

When a railroad worker files a lawsuit for their injuries under FELA, the result often does not involve a court trial. FELA cases are typically settled through mediation or resolved before they reach trial. An experienced attorney will represent and protect your legal interests in mediation and conferences for settlement offers.

FindLaw’s directory of FELA 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. Then, reach out for expert legal advice and next steps.