Train Accidents Help
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) was passed by Congress in 1908 to give railroad employees who are injured on the job a means of gaining compensation and protective rights. Under FELA, injured employees can file railroad lawsuits directly against a railroad if they can prove that the railroad was negligent in causing their injury or in violation of a safety statute.Negligence, in this case, is a railroad’s failure to do something it should have done or having done something it should not have done. When railroads fail to provide a safe work environment, provide proper tools and equipment, perform frequent inspections and maintenance or adequately train their employees, they can be found guilty of negligence.
Railroads can also be found liable in a FELA case if they violate statutes that were passed for the benefit and safety of railroad employees. These laws were designed to ensure that railroad workers are provided with a safe working environment by setting standards for maintenance, the use of hazardous materials and acceptable working conditions.
It has been established in the courts that a carrier’s negligence need not be the sole cause of a railroad accident. If the railroad was at fault even to a slight degree, it is negligent and the injured worker has the right to recover.
Unlike state worker’s compensation laws, in FELA cases there is no pre-determined maximum level of benefits to which an employee is entitled. Instead, damages are determined by things such as lost wages, pain and suffering, out-of-pocket expenses and impairments to quality of life because of railroad injuries.
