FELA Information for Railroad Workers

What Is the Federal Employers’ Liability Act?

The Federal Employers’ Liability Act or “FELA” is a federal law that was passed in the early 1900’s to protect the railroad workers injured in the course of their employment. At the time that FELA was enacted, there was no workers’ compensation. Congress enacted FELA as a result of the great number of injuries and loss of life of railroad employees. In light of the uniquely hazardous nature of railroad work, Congress recognized that railroad workers and their families were in need of special protection and regulation.

Does FELA Guarantee Recovery for Workplace Injuries?

No. The FELA is not an absolute liability law. In other words, the mere fact that you were injured while working does not guarantee recovery, either through settlement or through the courts. However, if you can prove that the railroad was in some way negligent in failing to provide you with a safe place to work, you are then entitled to compensation under FELA.

CAUTION: From the moment that you are injured, experienced claims agents begin working to limit the railroad’s liability for your injuries and to reduce your ultimate recovery.

What Must I Prove Under FELA in Order to Recover for My Injury?

Generally speaking, before you are entitled to collect any money as a result of a work-related injury, you must prove the following:

1. That at the time of your injury, you were engaged in activity that furthered the carrier's interstate business. This includes any activity by a railroad employee during the course of his/her duties. An employee deadheading or traveling on behalf of the railroad is also covered by the FELA.

2. That the injury for which you claim compensation under the FELA is the direct result of an accident that took place while you were working for the railroad.

3. That your injury is due to negligence on the part of the carrier in failing to provide you with a safe place to work. Federal law defines “negligence” under FELA is as follows:

94.02 “Negligence”

Negligence is the doing of some act which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, when prompted by considerations which ordinarily regulate the conduct of human affairs. It is, in other words, the failure to use ordinary care under the circumstances in the management of one's person or property.

Can the Railroad Avoid Liability for Its Negligence?

While the railroad cannot totally avoid liability for its negligence, the railroad can limit its exposure by limiting your recovery. The railroad will do this by establishing that you were also negligent, and that your negligence contributed to your own injury. In that way the railroad may avoid responsibility for your injury. This is known as “comparative negligence.” For example, if the railroad is able to establish that an employee was also negligent in a way that contributed to his/her injuries, a jury may reduce the award to the injured employee by the percent of his own negligence. So, if a jury determines that an injured railroad employee is entitled to collect $100,000.00 as a result of injuries he sustained, but the jury also found that he was 25% negligent himself, his award would be reduced by $25,000.00, for a total recovery by the employee of $75,000.00.

Boiler Inspection Act & Safety Appliance Act

There are two special provisions of FELA which deal with the safety of engines and of railroad cars, and which offer a significant measure of protection to the railroader who can prove a violation of either provision. If an injured employee can show that the railroad used defective equipment in violation of either the Locomotive Boiler Inspection Act or the Safety Appliance Act, the railroad is absolutely liable for any injuries to the employee arising from that defect. In such a case, a jury is not allowed to consider any comparative negligence on the part of the employee and a jury award may not be reduced despite the negligence of the employee. Examples of safety appliance violations include defective handbrakes or couplers. Examples of boiler inspection violations include ice or oil accumulation on engines, defective seats or other defectives parts of an engine that make a locomotive unsafe for its intended use.

Experienced FELA counsel can help uncover evidence of such defects and insure that critical documentary evidence of such defects is not “lost” by the railroad following an accident.

Violations of State and Federal regulations enacted may also provide a basis for establishing absolute liability against the railroad. Once the employee has established the railroad’s liability, he has cleared a significant hurdle in guaranteeing compensation for him and his family. Remember that a railroad employee who cannot prove the railroad was negligent cannot recover from the railroad for his injuries, no matter how serious the injuries may be.