Federal Employers Liability Act (FELA)
Thornton & Naumes lawyers have handled more than 2,000 FELA cases
Most often referred to by its acronym—FELA—the Federal Employers' Liability Act is a series of federal laws that give railroad employees the right to recover damages from their employers when they are injured during the course of employment.
If you suffer from a traumatic injury or an occupational disease, such as carpal tunnel syndrome, asbestos exposure, or silicosis, or if a family member has suffered a wrongful death, the Boston-based attorneys at Thornton & Naumes have the tested skills and knowledge needed to secure the maximum benefits allowed by law.
Unfortunately, too many railroad workers are not fully aware of the rights and benefits they have. Thornton & Naumes offers this information to assist union leaders and their members to better understand the law and the procedures they must follow if they are injured on the job.
This information is intended as a general guide to the Federal Employers' Liability Act. It is not intended as legal advice. The merits of each case depend on the facts of that case and should be evaluated by an attorney who is experienced with FELA cases.
The basic Federal Employers' Liability Act: What is covered
FELA was passed by Congress in 1908 to improve safety on the railroads and to provide for recovery of substantial damages by railroad workers or by their families.
Under FELA provisions, all railroad common carriers and their employees engaged in interstate commerce are subject to the requirements of the act. Recovery of damages is allowed for injuries caused by:
- Negligence of the railroad, its officers, agents, or employees
- Failure of the railroad to provide safe tools, equipment, appliances, or a safe place to work
- Violation of the Safety Appliance Act, Boiler Inspection Act, Power Brake Law, Hours of Service Act and Occupational Safety & Health Act (OSHA)
Three factors must be present for an injured railroad worker to collect damages against his employer under the FELA.
1. Employees must be injured while in the course of their employment
This does not mean a worker must be on railroad property, or actually working, at the time of the injury. Under the law, the employee is protected while at any place, off or on railroad property, where the employee has been sent by the employer.
Generally, an employee is covered from the time he or she steps onto railroad property until signing out and for a reasonable period of time thereafter.
2. The railroad must be engaged in interstate commerce
Today almost all of the duties of employees of interstate railroads deal with interstate commerce so this issue is rarely raised.
3. Negligence on the part of the railroad must have played some part in causing the employee's injury
Safety Appliance Acts: How and when they apply
The Safety Appliance Acts impose on railroads an absolute and continuing duty to provide and keep in proper and safe condition certain safety appliances, such a:
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A railroad is liable for any injury that results from the slightest failure of any of these safety appliances.
Under this section, the injured employee does not have to prove negligence, and the employee's contributory negligence is not a defense. However, the Safety Appliance Acts only protect certain classes of railroad workers—injured firefighters, brakemen, and conductors on the road and in the switching yard are protected.
A car inspector injured in the course of looking for defects in these appliances may also be protected. Any craft worker whose duties are to handle the defective car or engine after the defect in the appliance has been found is not protected by the Safety Appliance Acts and must show some evidence of negligence to recover damages.
Boiler Inspection Acts: How and when they apply
The same duties imposed on the railroad under the Safety Appliance Acts are imposed by the Boiler Inspection Acts and apply to a locomotive, its boiler, tender, and all parts and appurtenances. As with the Safety Appliance Acts, shop craft workers who are injured while repairing a defective locomotive are not protected by the Boiler Inspection Acts. In addition, the employee does not have to prove negligence, and the employee's contributory negligence is not a defense.
Hours of Service and OSHA
As with the Safety Appliance Act and Boiler Inspection Act, sometimes a railroad's violation of the Hours of Service Act or a regulation promulgated pursuant to the Occupational Safety and Health Act, which causes or contributes to an employee injury, will be sufficient to establish liability against the railroad without any offset for the employee's contributory negligence.
Negligence and the Right to Recovery
In addition to the statutes stated above, which impose absolute liability upon a railroad, an injured employee may also recover if his or her injuries are caused by the negligence of the railroad, its officers, agents, or employees.
A railroad is negligent, for example, if it fails to provide its employees with a reasonably safe place to work or reasonably safe tools and equipment. It may also be negligent for selecting an improper method of doing work, furnishing insufficient help, or by failing to enforce its safety rules.
An employee's contributory negligence is a defense under this section of the act. Contributory negligence is another legal term that means that both the railroad and the employee contributed to the accident. It is important to note that under FELA, this defense does not completely defeat the employee's recovery of damages.
According to the statute, contributory negligence of the employee simply reduces the amount of damages that the employee might recover. For example, if the jury finds that the employee should be awarded $1 million and he was 25 percent negligent in causing the accident, the employee's damages would be reduced by 25 percent, and the verdict would be for $750,000.
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Trust our Massachusetts FELA attorneys to help
Contact the Boston law firm of Thornton & Naumes online or at 1-888-491-9726 for a free consultation with a recognized leader in workplace injury litigation. You have nothing to risk. We offer a fair and accurate assessment of your case, and, perhaps, some hope.
