What is FELA?

The Federal Employers’ Liability Act (FELA) of 1908 entitles railroad workers to seek compensation for injuries on the job. Unlike Workers’ Compensation, the FELA act allows no maximum on the claim amount, and the injured railroad worker can also seek damages for pain and suffering. However there are several stipulations and procedures that can limit the amount of compensation a worker can receive.

Two conditions must be met in order for a worker to seek compensation under FELA:

(1) The railroad must have some interstate operations, either running across state lines or handling interstate freight.

(2) The injury must be a direct result of negligence on the part of any of the railroad’s management or employees, or of any equipment owned by the railroad.

Under the FELA act, the burden of proof for both of these conditions is the responsibility of the injured worker.

The act also uses the principle of “comparative negligence.” That means that if the injured worker was found in court to be somehow responsible for the injury, the final compensation amount would be adjusted accordingly. For example, if the award was $1 million dollars, but the jury ruled that the worker was 25% to blame for the injury, then the final compensation amount would be $750,000.

Most cases are settled out of court, though the railroads are rarely quick to settle. It takes on average almost two years for a FELA claim to reach a jury, and if a railroad is planning to settle it is usually just before the initial court proceedings. Workers who do go to court win their cases three-quarters of the time.

There is a statute of limitations on filing a case: three years from the date of the injury. In the case of diseases that are a result of long-term exposure, the statute of limitations runs out after three years from the date of diagnosis.

Sometimes railroads mislead or misinform its workers about their rights to save themselves the cost of compensation and/or preparing for trial. It is important that injured workers find out their rights from a qualified source like a personal injury lawyer before they accept any settlements or sign any documents.

A Jim S. Adler & Associates personal injury attorney can help. We have over 30 years of personal injury claims in Texas, and will make sure you know your rights and how the FELA act works before you decide on your course of action. Should you want to pursue your case in court, we will also help you protect your rights and get the largest compensation package possible.

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