Q: I work for a railroad company, but I spend very little time out of an office. Can I still pursue a FELA claim?
A: Most likely. Almost any worker employed by a railroad company will be protected under FELA if they are injured on the job, including those whose primary duties are not performed in or around trains.

Q: I'm a railroad worker and I recently filed a FELA claim for an on-the-job injury. Will there eventually be a court trial?
A: Not necessarily. Very soon after conducting separate investigations into what happened, you and your attorney, the railroad company, and all other parties will likely discuss the settlement of your FELA claim. Only if no agreeable settlement of your claim is reached will your case proceed to a trial by jury.

Q: Is FELA basically workers compensation for railroad workers?
A: Not really. Unlike "no fault" workers' compensations laws, under which an injured worker does not need to establish any fault by the employer, if you bring a claim under FELA you will need to show that the railroad was somehow negligent and caused your injuries.

Q: My attorney has used the phrase "featherweight" fault when we talk about my FELA case. What does this mean?
A: A person bringing a FELA claim need only show that the defendant was somehow negligent, and that such negligence, no matter how small in its relation to the injuries suffered, played some role in causing those injuries. This is what is known as a "featherweight" burden of proof.

Q: What is comparative negligence, and how might it affect my FELA claim?
A: Under the comparative negligence defense, the railroad will try to show that your own fault or negligence somehow contributed to your injuries. Comparative negligence works this way in practice: after all arguments in a FELA lawsuit are heard, the jury will make its findings as to who should be held legally responsible for the railroad employee's injuries. This is usually done by assigning some percentage of fault to the parties involved, and this percentage will correspond to the damages awarded to the plaintiff.