Federal Employers Liability Act (FELA): Know Your Rights

We have been handling FELA (Federal Employer's Liability Act) railroad claims for three decades. The sooner you call us, the sooner we can begin protecting your rights and maximizing the value of your claim. There is no charge for a telephone or in person consultation. Call us at 1-800-654-RAIL for a free consultation or click here to send us your information and question via email.

What is FELA?

Congress passed the Federal Employer's Liability Act (FELA) in 1908 to provide compensation for railroad employees injured on the job. FELA gives you the right to recover damages for any past lost wages, future lost wages, pain, suffering, scarring, and mental anguish you suffer as a result of your on-the-job injuries.

What is the purpose of FELA?

Railroad work is inherently dangerous. Recognizing the hazardous nature of railroad work, Congress passed FELA (Federal Employer's Liability Act) in order to shift the economic burden of employee injuries from individual employees over to the railroads. Congress decided that making railroads economically responsible for their employees' injuries would give them incentive to maintain the safest possible working conditions.

FELA serves two main purposes: (1) to give railroad workers the right to recover damages for their work-related injuries, and (2) to give railroads the incentive to create and maintain the safest possible working environment for their employees.

It is essential that you exercise your FELA (Federal Employer's Liability Act) rights to the fullest in order to obtain fair compensation for your injuries and to pressure the railroad into providing you and your fellow workers with a safe work place.

Am I entitled to be compensated?

You are entitled to recover under FELA (Federal Employer's Liability Act)if you work on a railroad engaged in interstate commerce and if your injury is caused by the negligence or carelessness of any railroad officer, manager, or employee or by any defect in the railroad's equipment, tracks, shops, offices, property, procedures, training, instruction, or supervision.

Under FELA, railroads have a duty to provide a safe place to work for all of their employees. This means they must supply reasonably safe working conditions. The railroad's failure to use reasonable care to provide you with a safe place to work is negligence and the reason why it is liable to you for money damages.

If the railroad is not negligent, you are not entitled to any compensation. This is why it is so essential to establish that the negligence of the railroad caused your injury. Before you give any statement to the claims department, it is important to consult with an experienced FELA attorney because a statement concerning your injury may affect both your FELA claim and your job.

By establishing that the railroad is at fault for your injury, you are entitled to full compensation for all your lost wages, physical pain, mental anguish, and disfigurement. If your injury is of a permanent nature, you also are entitled to be compensated for any reduction in your future earning ability and for any loss of your ability to enjoy life's pleasures in the future.

Even though you may establish that the railroad was at fault for your injury, the railroad can still reduce your compensation by showing contributory negligence on your part. For example, if the railroad is negligent for failing to eliminate a tripping hazard but you failed to use reasonable care in looking where you were walking, then the railroad might establish that your compensation should be reduced by the percentage of negligence on your part that contributed to your injury.

Protect your FELA (Federal Employer's Liability Act) claim and your job by working with an experienced FELA attorney to establish that the cause of your injury is the fault of the railroad, not your fault.

How do I exercise my FELA rights?

Taking the following steps will help you to get the fullest benefit from your FELA (Federal Employer's Liability Act) rights when you are injured on the job:

(1) Immediately contact the attorney of your choice and/or your union representative - they will assist you in obtaining medical help and sickness benefits;

(2) Record the names, addresses, and phone numbers of any witnesses to your accident, and keep accurate records of your ongoing pain, suffering, and change in lifestyle;

(3) Do not give any detailed statements without the advice of your attorney or union representative - when you fill out an accident report, do not go into any detail unless assisted by your union representative.

(4) Do not delay - act promptly in order to protect your rights and to promote safe working conditions for your fellow workers.

It is essential that you have someone to protect your rights as soon as possible. Even though FELA's (Federal Employer's Liability Act) statute of limitations is three years, the first 30 days after the accident are critical. Evidence and information sometimes becomes unavailable with the passage of time. Unless you protect your interests immediately, your claim may be rendered worthless.

Do I need an attorney?

Railroads have claim departments staffed by professional claim agents and investigators who are experts in dealing with personal injury claims. They have access to the information concerning your railroad accident, and they can be expected to try to place the blame for the accident on you in order to reduce the railroad's liability.

You will always be at a disadvantage in dealing with a professional claim agent whose job is to protect the company by settling your claim for the least amount possible. Do not be fooled by the company claim agent who pretends to be more concerned about you and your family than he is about the company and his job.

Railroading operations are unique and complex. Your FELA (Federal Employer's Liability Act) claim may be mishandled unless you are represented by attorneys who are experts in FELA investigation and trial work. Your union representative can give you the names of attorneys who are known to be competent specialists in the handling of FELA cases and related railroad matters, and you also can learn of FELA specialists through their reputation on the property.

Your union representative and attorney will help you obtain proper medical help and sickness benefits. It is essential that you insist on your right to be taken to the nearest hospital emergency room, otherwise you may be forced into being treated by the railroad's doctor or medical department.

Do not let any claim agent tell you that an attorney will do nothing for you but take one-third of your recovery. An attorney works to ensures that you receive maximum compensation for your claim. The gross recovery received by an injured employee who is represented by an experienced FELA attorney is always much larger than what a claim agent will pay to that employee directly. This is why the claim department does not want you to retain an attorney. Remember, their job is to save the railroad as much money as possible. No competent attorney will permit the claim department to discount the value of your case.

Will I jeopardize my job?

The railroad is always concerned when an employee files an accident report. However, it makes little difference whether an employee cooperates with the claim department or retains counsel. The claim department is a separate entity than the railroad, and your dealings with them are strictly on a voluntary basis. If your supervisor sustains an injury, he probably would retain counsel in order to receive his fair compensation. The only risk to your job is if the railroad places the fault for your injury on you. That is why it is so important to be represented properly.

Do not be afraid to talk to any witnesses concerning your accident or to talk to an injured co-employee concerning his accident. In order to ensure that railroad employees will exercise their FELA (Federal Employer's Liability Act) rights without fear, Congress has made it a federal crime for a railroad to discourage, discharge, or otherwise discipline employees for volunteering information concerning co-employees' FELA injuries. If you feel the railroad is trying in any way to prevent or discourage you from (or discipline you for) exercising your FELA rights or volunteering information to an injured co-employee, immediately call your railroad accident lawyer, attorney or union representative, and they will contact the appropriate federal authorities. Click here for witness protection information.

What is my FELA claim worth?

The amount of money you ultimately are entitled to recover for your FELA (Federal Employer's Liability Act) claim depends on a combination of many factors:

1. the seriousness of your injury;

2. the degree of negligence or carelessness by the railroad in causing your injury;

3. the degree of negligence on your part, if any, in causing your injury;

4. the course of your medical treatment;

5. the presence of pain, suffering, or scarring;

6. the extent of your past lost wages;

7. the degree of any impairment to your future earning capacity;

8. and the reputation and ability of the legal counsel you retain to represent you.

Every case is different. Do not try to compare your case with someone else's. Only a FELA specialist can give you a meaningful assessment of the value of your case.