Empowering Railroad Workers: Understanding the Federal Employers’ Liability Act (FELA)

Enacted by Congress to address the unique hazards inherent in the railroad profession, the FELA establishes a vital legal framework that enables injured employees to seek rightful compensation for injuries resulting from negligence on the part of a railroad carrier, its agents, employees, or servants.

The FELA carves out a significant exception for railroad employees from state workers’ compensation regulations, which traditionally limit an injured worker’s ability to sue their employer. This statute empowers the injured worker to choose whether to initiate legal proceedings in federal or local state courts.

Furthermore, the FELA alleviates the injured employee’s burden of proof, requiring only a demonstration that their injuries were partially or wholly due to the railroad’s negligence. Additionally, should the railroad violate a safety statute or regulation, Congress mandates absolute liability, eliminating the need to establish negligence.

The influence of the FELA, coupled with technological advancements, has led to increased safety within the railroad industry. However, the nature of railroad work still holds inherent risks, and the FELA remains the primary safeguard, ensuring protection and compensation for railroad employees who suffer injuries or fatalities.

Who does FELA Protect?

The FELA extends its protective scope to encompass most railroad employees, thanks to a pivotal amendment in 1939. Notable cases exemplify instances where the FELA has applied to on-the-job injuries:

• A clerical worker struck on the head by a piece of glass falling from a railroad office building window onto the sidewalk while walking.
• A signalman slipping on ice in a railroad parking lot after concluding their duty.
• A trainman who suffered injury after falling out of a defective bed during an overnight stay provided by the railroad.

Protection under the FELA isn’t limited to an employee’s typical railroad tasks. If you’re a railroad worker injured due to any work-related activity, you might be covered by the FELA’s safeguards.

Exercising your FELA Rights

Following a work-related injury, prompt action is crucial:

1. Ensure your immediate supervisor files a concise injury report. Avoid letting others phrase it for you to avoid unintended legal implications.

2. Seek guidance from your union representative for assistance and advice.

3. Consult a lawyer well-versed in the FELA as soon as possible. Avoid signing documents or making statements to the railroad, including claim agents, prior to legal consultation.

4. Prioritize seeing a doctor at your earliest convenience. You’re not obligated to see a railroad-recommended doctor; choose one you trust. Clearly communicate your complaints and medical history. If warranted, obtain a note stating your inability to work safely due to injuries.

5. Promptly file Railroad Retirement Board disability benefit applications and any supplementary disability benefits outlined in your collective bargaining agreement.

6. Collect contact information of crew members and witnesses to your accident:

• Capture photographs of accident-related locations or machinery without delay.
• Document visible injuries through photographs before they heal.

7. Keep records of lost earnings, out-of-pocket expenses, and the nature and extent of your discomfort.

Potential Recoverable Damages 

Damages attainable under the FELA differ case by case, encompassing:

• Wage Loss (Past and Future)
• Out-of-Pocket Expenses
• Future Fringe Benefits
• Pain and Suffering (Past and Future)
• Medical Expenses (Past and Future)
• Value of Lost Limb or Organ
• Impact of Physical Disability, Unpleasant Scars, or Disfigurement
• Economic Loss to Dependents in Case of Demise
• Determining the Worth of Your FELA Claim

The valuation of a case depends on multifaceted factors:

• The Nature and Severity of the Injury
• Extent of Permanent Injuries
• Impact of Injuries on Work Abilities
• Likelihood of Resuming Previous Occupation
• Financial Impact of Present and Future Losses
• Level of Pain and Suffering Experienced or Foreseen
• Pre-existing Conditions or Prior Injuries
• Railroad’s Negligence Degree in Causing the Injury
• Violation of Safety Statutes or Regulations Implicating Railroad’s Liability
• Contributorship of Your Conduct to the Injury
• Dealing with Railroad Doctors

In the event of a job-related injury, the railroad can request an examination by a doctor of its choosing to assess your injuries and work capacity. However, this doesn’t entitle them to dictate your treatment. Opting for treatment from the railroad’s doctor should be undertaken cautiously, as a conflict of interest may arise.

Railroads aim to minimize job-related injuries and mitigate treatment to lower damage claims. The doctor’s decisions may be influenced by this conflict, impacting treatment, referrals, discharge, and return to work.

Moreover, when treated solely by the company doctor, your entire medical history is disclosed to the company. This could disadvantage your claim, as the company lawyers gain access to your injury details. It’s vital to receive treatment from your trusted physician rather than the company doctor.

Processing your FELA Claims

The duration of FELA claim processing is case-dependent. Some situations may warrant federal court proceedings for a swifter resolution, while local courts could expedite proceedings in other instances. Your attorney will assess what’s suitable in your particular case.

Processing time may also vary based on the nature of your injury. Severe back injuries requiring surgery necessitate more time to assess permanency compared to a fractured finger. Your claim should never be settled or brought to trial before your injuries’ severity and permanency are accurately evaluated.

Should You Settle Directly With The Railroad’s Claim Agent?​

A common misconception among injured railroad employees is that avoiding legal representation can expedite higher settlements.

However, railroads employ well-trained claim department personnel, safety experts, private detectives, and experienced FELA lawyers to handle personal injury claims. Dealing directly with a claim agent exposes you to their aim of minimizing settlement costs.

Remember, the railroad’s claim agent, when offering advice, settling claims, or taking statements, operates in a conflicting role. It’s crucial to recognize that hiring an attorney familiar with the FELA is essential. Waiting for the 3-year statute of limitations could be detrimental, as evidence and witnesses may fade. An experienced FELA attorney ensures the collection of evidence promptly, safeguarding your interests from the railroad’s swift actions.

Choosing an attorney experienced in the FELA and related safety regulations evens the playing field, preventing unjust outcomes.