F.E.L.A.

FELA Overview

The Federal Employers' Liability Act (FELA) provides the same kind of insurance protection for railroad workers that Workers’ Compensation does for workers in other industries. In 1907 Congress passed the FELA because it understood that railroad work presented high levels of danger to employees.

Like Worker’s Compensation FELA offers workers injured while working for railroads an organized and federally administered path for compensation. There is a significant difference from Workers' Compensation in FELA law, and that is that it is up to the injured worker to show that the injury occurred in whole or in part as a consequence of actions by a railway employee, or its agent or contractor.

FELA covers almost all railroad employees injured on the job by even if the employee’s job is not performed in or around trains. Local commuter rail systems and interstate freight and passenger carriers are cover. In order to protect themselves, injured railroad employees need an attorney experienced in FELA law, and experienced in working with railroads.

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 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.

An injured worker can make a FELA claim directly to the Railroad Company or responsible contractor. A worker can also file a suit either in state or federal court. In addition to furnishing a basis for legal claims for injured employees, FELA also serves railroad companies and related contractors by providing precedent a uniform liability standard for working conditions and employee safety.

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.