A railroad worker faces a dangerous work environment that is filled with potential safety hazards. This was especially so at the turn of the last century, when in 1908 Congress passed the Federal Employers Liability Act (known as "FELA") for the protection of the thousands of railroad workers employed nationwide. FELA established and continues to provide a federal system of legal recovery for railroad workers and their families, for injuries suffered by the railroad worker while on the job. 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. Claims under FELA can be made directly to the responsible employer or railroad company, and may also be brought as a suit either in federal or state court. While providing a basis for a legal claim for injuries suffered by railroad workers, at the same time FELA provides railroad companies and employers with something of a uniform liability standard when it comes to working conditions and employee safety on the job. If you or a loved one has suffered an injury while employed as a railroad worker, it is important that you understand your legal right to receive compensation for those injuries under FELA.

Proving Liability

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 defendant (such as a railroad, its employees, or an equipment manufacturer) was somehow negligent and caused your injuries. The basic idea in a FELA claim is to show that the defendant in some way failed to provide a railroad worker with a reasonably safe place to work, and that some injury to the railroad worker resulted.

Under FELA, railroad companies and employers owe railroad workers a number of duties, the violation of which can result in a finding of liability under FELA. These include the duty to: