The Federal Employer’s Liability Act (FELA) is the federal statute pertaining to injured railroad employees. FELA was created as a response to the rising number of injuries in the railroad industry, in order to provide protection to railroad employees & their families injured or killed on the job.
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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.
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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
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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.
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Differences between FELA and Worker’s Compensation - Part 1
There 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.
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Differences between FELA and Worker’s Compensation - Part 2
Cases 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.
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