Expert Advice When You Need It Most
Posted about 3 years ago. 1 helpful vote, 0 comments
1
Where Can I Find FELA?FELA refers to Title 45 of the United States Code Annotated. There are 10 relevant sections of the statute – 45 U.S.C. § 51 – 60. The statutes have been attached to the end of this presentation. In general, the various statutes have either remained unchanged or their protection has been expanded since their original inception. 2
Who Can Be Sued Under FELA?Since FELA pertains to railroad injuries, the defendant(s) will always be the Railroad Company and, if relevant, any individual employees that contributed to the injuries. Major Railroad Companies in the United States include: 1) CSX Transportation, Inc. 2) Amtrak (National Railroad Passenger Corporation) 3) BNSF Railway (Burlington North Santa Fe) 4) Union Pacific Railroad 5) Norfolk Southern 6) Kansas City Southern 3
How Does FELA Work?Perhaps the easiest way to explain FELA is to show what it is not. FELA is NOT a Worker’s Compensation statute, and in fact, is disfavored by most railroad employers, who have consistently advocated to Congress for the return of damages under Worker’s Compensation for railroad employees. Their argument is that FELA results in unjustified awards in sometimes dubious cases, and that the plaintiff’s attorney can then take a sizeable portion of that fee, meaning that the money does not go to the injured employee and his/her family. Proponents of FELA counter that the higher limits that FELA allows, in fact, more adequately compensates for the real harm sustained by railroad employees. Furthermore, the threat of high damage awards creates a greater incentive for employers to provide safe working environments, equipment, and facilities. 4
Differences between FELA and Worker’s Compensation - Part 1There are two main distinctions between FELA and Worker’s Compensation statutes:1) Damages 2)Proving the Case. 1. Differences in Damages. The type of damages that can be awarded between FELA and Worker’s Compensation statutes is vastly different. Under Worker’s Compensation statutes, compensation amounts are limited to a statutory schedule. This generally amounts to medical care costs, plus one-half to two-thirds weekly wages during the period of disability, subject to a maximum of one-half to two-thirds the state average weekly wage. By contrast, under FELA, the injured employee is not limited by a statutory schedule and can seek compensation for any combination of past wage loss, present wage loss, future wage loss, medical expenses and treatments, pain and suffering, and partial or permanent disability. Furthermore, if the employee is killed on the job, survivors are entitled to recover damages which they have suffered because of the death. 5
Differences between FELA and Worker’s Compensation - Part 2Cases brought under FELA and Worker’s Compensation statutes are also proven in different ways. Worker’s Compensation awards, despite being generally lower than FELA awards, are virtually automatic, due to the precision of the calculations, which leaves little room for debate. By contrast, under FELA, the burden is on the employee to establish a prima facie case under a standard of negligence. That is, the employee must establish that the railroad company was “legally negligent” in causing his/her injury. If that can be established, the employee is entitled to full compensation for the injuries. The venue for each type of case also differs, in that while Worker’s Compensation cases are brought before administrative boards, FELA cases are brought in either Federal or State court. It is important to note that an injured employee is not given a choice among these remedies. If the employee meets the criteria, then he/she must use the FELA statute. 6
Elements of Proving a Case Under FELAFELA uses the same elements as a standard negligence statute. That is, the worker must establish (1) Duty, (2) Breach of Duty, (3) Causation, and (4) Damages in a prima facie case in order to prevail. Generally, there are two main considerations to look at before bringing a FELA case: (1) that FELA applies, and (2) the employer was actually negligent (if however slight). An employee is entitled to recover damages from his company under the FELA if the following facts exist: 1) When the railroad he/she works for is engaged, even in small part, in interstate commerce; that is, it either runs across state lines or handles interstate freight. 2) When injury to the worker is the result, even in part, of the negligence (carelessness) of any officer, agent or employee of the railroad, or the injury is caused by any defect in the cars, engines, appliances, machinery, track, road bed, or any other equipment of the road. 7
FELA is great for injured workersFELA is advantageous to plaintiffs because it uses the standard of Comparative Negligence. Under this theory, even if the employee was partially responsible for his/her own injuries, this is not a bar to recovery, and a case can still be brought for the portion of the damages that was the fault of the employer’s negligence. The Supreme Court said it best when it held that the proof needed to get a case to a jury in a FELA case is simply whether “employer negligence played any part, even the slightest, in producing the injury.” Rogers v. Missouri Pacific Co., 352 U.S. 500, 50, 77 S.Ct. 443 (1957). Courts appear to have interpreted the Act’s language in a similarly liberal manner, in order to fulfill its intended purposes of compensating the injured railroad workers. In Wilkerson v. McCarthy, 336 U.S. 60, 68 (1948), Justice Douglas noted: "[T]he FELA was designed to put on the railroad industry some of the cost for the legs, eyes, arms, and lives which it consumed in its operations. 8
Conflict between FELA and State LawsFELA is the governing law for railroad injury cases, and will supersede any state law to the contrary. See Prader v. Penn. R. Co., 113 Ind.App. 518, 49 N.E.2d 387 (1943) (This chapter is exclusive within scope of its operation and it supersedes all state statutes within its field). This is true, regardless of whether the case is brought in a state or federal court. Actions under FELA may be filed in either state or federal court but federal law governs definition of negligence and measure of damages. See Snipes v. Chicago, Cent. & Pacific R. Co., 484 N.W.2d 162 (Iowa 1992). Also of important note is that an employee that is injured while working for a railroad cannot sue under state tort law instead, if FELA is available to him. Lancaster v. Norfolk and Western Ry. Co., 773 F.2d 807 (1985). (See also Metropolitan Coal Co. v. Johnson, 265 F.2d 173 (1959) which states, “This chapter [FELA] when applicable, is the exclusive remedy against a railroad for injuries to its employees." 9
ConclusionSince its adoption, FELA has been a useful tool in allowing injured railroad employees to recover more just and accurate compensation for injuries received as a result of working for negligent railroad employers. The broad statutory language, as well as the courts’ liberal interpretations of the law, which favor the injured employee, have made relief in these types of cases particularly favorable for the victims and their families. So long as some degree of negligence on the part of the railroad employer can be established, a claim under FELA should be explored. J.D. Smith, Seattle, WA 206 588-8529. Additional ResourcesTHE FEDERAL EMPLOYER’S LIABILITY STATUTE
Related Questions1 Attorney answers: 
Asked by a user in Mountlake Terrace, WA - over 3 years ago. 1 Attorney answers: 
Asked by a user in Camden, NJ - about 3 years ago. 2 Attorney answers: 
Asked by a user in Rochester, NH - 12 months ago. Find Ethics LawyersRelated Searches |