What is FELA?
FELA, or the Federal Employers’ Liability Act, was enacted in 1908 and works with injured railroad workers. Congress initially implemented this Act because there was a high number of accidents occurring in the industry at the time. The Act also worked to promote uniformity regarding railroad practices and equipment.
What Does FELA Do?
Generally, the Act applies to only railroads and the employees. In legal terms, FELA provides: “[e]very common carrier by railroad while engaging in commerce . . . shall be liable in damage to any person suffering injury while he is employed by such commerce, or, in case of death of such employee, . . . for such injury or death resulting in whole or part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiently, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed . . . or other equipment.”
Typically, FELA is the exclusive remedy for railroad employees who have claims against his or her employer. A FELA case is allowed to be brought in either federal or state court.
Liability and Negligence
It is important to understand that FELA is not a workers’ compensation act. Under the Act, an employee is entitled to collect on a claim if there is sufficient evidence that the injury was caused, whole or in part, by fault or negligence on the part of the railroad. This includes the failure of the railroad to provide a reasonably safe place to work. The burden of proof is on the claimant. If it is found that the railroad was not at fault, the claimant will be deemed to have been responsible for his or her own injury.
In order to prove fault by the railroad, the claimant must show that the railroad was, in fact, negligent. Negligence requires that there be a duty by the railroad to provide the employee with a reasonably safe place to work. In this case, the duty may not be transferred. To prove negligence, the claimant must show:
- The railroad is guilty of a lack of due care under the circumstances;
- The railroad has failed to do what a reasonable and prudent person would ordinarily have done under similar circumstances; or
- The railroad has done what a person under the existing circumstance would not have done.
There are possible exceptions, and these include the existence of a violation of the Federal Safety Appliance Act or The Boiler Inspection Act.
Damages
Claimants in this situation have the choice to go to court in order for a jury to determine whether they are entitled to compensation and for what amount. A FELA claimant is permitted to recover special damages and that includes compensation for:
- Past and future pain, suffering and loss of enjoyment of life;
- Past and future loss of earnings; and
- Past and future medical expenses.
A claimant may also be compensated for mental injuries, such as emotional distress, if the claimant can show that he or she was in the zone of danger of physical impact with imminent apprehension of physical harm. Damages may be reduced if it is found that the claimant to have been proportionally at fault or negligent.
Contact an Attorney
If you have questions related to FELA or other workers’ compensation matters, contact the professionals at 702 DEFENSE.