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Railroad workers who suffer from on-the-job injuries are legally protected by the Federal Employers Liability Act (FELA). However, those filing a FELA claim must prove that employer negligence somehow caused the injury.
This process is known as a “featherweight” burden of proof, meaning the plaintiff must show evidence that somehow an employer was negligent and caused them damage, even if their role was very small. This type of burden of proof generally gives an advantage to the FELA plaintiff.
What is FELA?
The Federal Employers Liability Act (FELA) requires railroad companies to perform the following duties in order to avoid negligent violations:
- Administer sufficient training to employees to help them function properly in their positions
- Follow safety regulations
- Audit the work environment to make sure it is hazard free
- Present a reasonably safe work environment by providing proper equipment and tools
- Make certain that employees are safe from harmful intentional acts of others
- Avoid the use of unreasonable work quotas
Those filing FELA lawsuits must prove that either the railroad company, equipment manufacturer, or railroad employees were somehow negligent and led to the plaintiff’s injuries. Those who have a successful FELA claim are often awarded substantially for damages.
FELA Explained
Before FELA was passed by Congress in 1908, railroad employees who were injured on the job were rarely financially compensated, as the work itself was deemed dangerous. However, since the enactment of FELA, if a railroad company is found to be negligent in any way, employees and families of railroad workers are able to file a FELA lawsuit to help cover damages.
Under FELA, railroad employees can be financially compensated for lost wages, medical expenses, as well as pain and suffering for injuries that occurred at work.
The most commonly reported FELA claims include the following injuries:
- Slip and fall injuries
- Crushing injuries
- Electrocution
- Brain injury
- Fractures
- Repetitive motion injuries (such as bursitis, carpal tunnel syndrome or tendonitis)
- Burn injuries
- Back or spine injury
- Solvent exposure injuries
- Whole body vibration injury
If a railroad worker dies as a result of injuries from an on-the-job accident, the employee’s surviving family can also file a FELA lawsuit to receive financial compensation.
Establishing Fault in FELA Lawsuits
While it is possible for FELA claims to award 100 percent damages to a railroad employee victim, most defense lawyers will try to establish what is referred to as “comparative negligence.” In this process, the attorney for the railroad company will try to prove that somehow the employee was partially or fully to blame for the injuries sustained. This defense is a common strategy to try to establish that the fault is not completely on the railroad employer.
The jury will use comparative negligence after listening to both sides in a FELA lawsuit to determine who is liable and at what percentage. If a jury believes that the railroad company is 90 percent to blame for damages but the plaintiff is 10 percent at fault for his/her actions, then a $100,000 award would be lowered to $90,000 based on comparative negligence.
If you or a family member are employed as a railroad worker and suffered on-the-job injuries, it is important to understand your legal rights. Contact a FELA attorney to find out if you have legal claim.
Obtain a Free Railroad Injury Case Evaluation
If you or a loved one suffered a railroad injury on the job, you may be eligible to take legal action against the employer and seek compensation for your injuries.
