Federal Employment Liability Act Overview

While not a workers’ compensation statute, the Federal Employment Liability Act (FELA) provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent. Congress passed this act in 1908 to protect railroad workers’ rights and safety. Interestingly enough, these laws were in effect long before any worker’s compensation regulations existed. The only requirement is that an employee prove that there was negligence on behalf of his/her employer.

Contact us. A local Personal Injury Lawyer can help you with your Federal Employment Liability Act (FELA) case today.

If there is proven employer negligence, the injured employee is entitled to damages for:

• Lost wages (past, present or future)
• Medical expenses (past and future)
• Pain and suffering
• Disabilities, both partial or permanent

FELA differs from other worker’s compensation regulations in several ways. For one, in most other industries it is assumed that employees “assume” the risk associated with their occupation. This is not the case with FELA. Similarly, even when the employee is partially responsible for the injury there is still grounds for a claim. What this translates into is that even when the employee was partly at fault for an injury, this is not always sufficient grounds for dismissal or even for damage award reduction. This undoubtedly raises the employees’ probabilities of winning a claim under FELA.

Surprisingly enough, only about 25% of all railroad employees who sustain injuries file a compensation claim; compensation to which they are entitled. Sometimes it is discouraging to get involved in this process because railroad companies themselves have a team of lawyers and adjusting that work against the employee. That is why it is important to contact an experienced attorney. Only this way can you be aware of your rights and fight for the compensation you deserve.

Contact us. A local Personal Injury Lawyer can help you with your Federal Employment Liability Act (FELA) case today.

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Related information:

• Injury/Illness Incidence Rates
  Statistics on work injury from Occupational Safety & Health Administration (OSHA)