What is FELA and Why Does It Matter?
FELA is a federal law enacted in 1908 that protects railroad workers who are injured on the job. Unlike state workers' compensation systems, FELA allows injured railroad employees to file lawsuits against their employers for negligence.
Key differences from workers' compensation include:
- You can recover full lost wages, not just a percentage
- Pain and suffering damages are available
- You must prove employer negligence (but the standard is low)
- There are no caps on damages in most cases
- You have the right to a jury trial
Who is Covered Under FELA?
FELA covers employees of railroads engaged in interstate commerce, including:
- Engineers and conductors
- Track maintenance workers
- Signal operators
- Car inspectors and repairers
- Yard workers and switchmen
- Administrative staff working in railroad operations
If you work for a railroad company and your work affects interstate commerce (most railroad work does), you're likely covered by FELA.
Proving Negligence Under FELA
To recover under FELA, you must prove that your employer was at least partially negligent and that negligence contributed to your injury. The negligence standard under FELA is much lower than in ordinary personal injury cases.
Common forms of railroad negligence include:
- Unsafe working conditions
- Defective equipment or tools
- Inadequate training or supervision
- Failure to maintain safe premises
- Violation of FRA safety regulations
- Excessive workload or fatigue policies
FELA vs. Workers Compensation
Workers' Compensation:
- No-fault system - benefits regardless of negligence
- Limited benefits (typically 2/3 of wages)
- No pain and suffering
- Quick but limited recovery
FELA:
- Must prove some employer negligence
- Full compensation for all losses
- Pain and suffering available
- Potentially much larger recovery
- May take longer to resolve
Statute of Limitations and Filing Deadlines
FELA claims must be filed within 3 years from the date of injury. However, for occupational diseases that develop over time, the clock may start when you discover (or should have discovered) the disease.
Important timing considerations:
- Report injuries to your employer immediately
- Document all symptoms and medical treatment
- Don't give recorded statements without legal advice
- Consult a FELA attorney as soon as possible