Federal Employers' Liability Act (FELA)

Written by: Brian Gerard Reddy

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According to the Federal Employers' Liability Act (FELA), if you are a railroad employee who was injured on the job, you may have the right to request compensation for medical bills, loss of wages, and other suffering caused by the injury. Since most railroad employees are covered by FELA, a good understanding of this act can help determine whether or not you are entitled to compensation. If so, you can take action to build the strongest possible case.

Who is protected by FELA

Employees of railroads involved in interstate commerce are protected by FELA. Since most railroads engage in interstate commerce, most of their employees are covered under FELA. Generally, if you are an employee who was actively working when you were injured, such as operating a locomotive or maintaining track, you are covered. If you were being transported to/from the job in company-provided vans, or were staying at company-provided lodging, you are also covered.

When FELA provides the right to compensation

Unlike state workers' compensation laws, FELA requires that the railroad is found to be at fault before you can be compensated. In general, you must be able to show that your injury was the result of negligence on the railroad's part, meaning that the railroad did not use proper care at the job site. Negligence is not required if your injury was caused or contributed to by the violation of a safety law, such as the Federal Safety Appliance Act (which requires the use of air brakes and automatic couplers on all trains). Railroads will be held accountable under the FELA for the negligent acts of their agents, such as lodging facilities or transportation companies. The transportation company or hotel also may be held liable for its part in the negligence.

What FELA means for railroads

Under some circumstances, even if the railroad is found to be at fault, compensation for loss of earnings and other damages may be reduced if you were also found to be at fault for the injury in any way. Railroads employ higly trained claim agents that investigate job-related work injuries, gather evidence to protect the railroad, and defend it from employee FELA claims. It's important to know that railroad claim agents will attempt to obtain statements from you and may also try to convince you that you don't need legal advice.

Requesting compensation under FELA

The railroad industry has had 100 years to try and limit the number of FELA related legal cases. As a result, railroad employees often are outmatched in a FELA claim because they lack the knowledge and resources that the railroad claims departments have. If you are a railroad employee who has been injured on the job, taking some of the following actions can help your case.

Seek medical care from a medical provider of your choice. Even if you are required to get medical attention from a provider that the railroad recommends, you should seek medical attention from a doctor of your choice.

Report the injury to the railroad. Don't allow anyone to prevent you from reporting the injury.

Contact an attorney. FELA attorneys can take immediate action to get important evidence and handle communication with the railroad agents, who are trying to protect the railroad.

Contact the Railroad Retirement Board. You may qualify for sickness benefits.

Contact your union representative. If charges are brought against you by the railroad, your union representative should be informed immediately.

What a FELA case may cost

Hiring a FELA attorney will help you make a strong claim for your compensation case and ensure that you get as much payment as you are entitled to. If you decide to hire an attorney, most will work on a contingency fee. This means that the attorney only gets paid when and if you are awarded money once the case is closed. The attorney is also motivated to do everything possible to get you the maximum possible amount.