F.E.L.A. Federal Employers' Liability Act

FELA Overview

The Federal Employers' Liability Act (FELA) is the equivalent of Workers' Compensation for railroad employees. Recognizing the uniquely dangerous nature of railroad work, Congress passed the FELA in 1907. The intent of the FELA was to protect the thousands of workers employed on the nation’s railroads.

The Federal Employers' Liability Act (FELA) provides a federal system of legal recovery for railroad workers and their families, for injuries suffered by the railroad worker while on the job. However, unlike Workers' Compensation, FELA law places the burden on the injured worker to show that the injury was at least partially the fault of a railway employee, or its agent or contractor.

Almost all workers employed by a railroad company are covered under the FELA if they are injured on the job, even if the worker’s primary duties are not performed in or around trains. The FELA covers both interstate passenger and freight carriers and local commuter rail organizations. Because rail workers are not covered under state workers compensation laws, these employees need attorneys who are thoroughly familiar with the FELA laws, and who can protect the legal interests of those injured while working for a freight rail or commuter rail company.

The FELA covers claims for bodily injury from working on trains or in the railroad yard. It even covers injuries due to asbestos exposure, such as mesothelioma and other asbestos-related diseases. Also covered under the FELA are for repetitive stress and cumulative trauma injuries. Both of these classes of injuries develop over extended periods of time, from weeks or months in the case of repetitive stress to decades for mesothelioma. It is very important to be able to document the dates of railroad employment and the time at which the employee became aware of the illness or injury.

Claims under the Federal Employers' Liability Act (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 legal claims of injuries suffered by railroad workers, 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 vital that you understand your legal rights to compensation. An injured railway worker should file a Federal Employers' Liability Act (FELA) claim for injury right away, or s/he may risk losing the right to compensation. You should discuss your case as soon as possible with an attorney who is experienced in FELA claims.