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Federal Employers Liability Act
Our firm is one of the largest in the Northeast specializing in Federal Employers Liability Act (FELA) railroad litigation. We are the Designated Legal Counsel for 10 railroad unions. With over 25 years experience in handling FELA cases, we are nationally recognized for successfully representing railroad workers. Whether you suffer from a traumatic injury or an occupational disease such as carpal tunnel syndrome, asbestos exposure or silicosis, Thornton & Naumes has the expertise necessary to secure the maximum benefits allowed by law. Our lawyers have handled over 1500 FELA cases.
Skip ahead to:
- The Law
- The Basic Federal Employers' Liability Act
- Safety Appliance Acts
- Boiler Inspection Acts
- Hours of Service and OSHA
- Negligence and the Right to Recovery
- What Damages Are Recoverable Under the FELA
- Asbestos-Related Diseases
- Hearing Loss
- Statute of Limitations
- Medical Treatment
- Railroad Retirement
- When To Retain a Lawyer
- Releases: Know What You're Signing
- What To Do When You Are Injured
- Important Contacts
- Important Links
The Law
Most often referred to by its initials-FELA-the Federal Employers' Liability Act is a series of federal laws which give railroad employees the right to recover damages from their employers when they are injured during the course of employment. Unfortunately, too many railroad workers are not fully aware of the rights and benefits they have. Thornton & Naumes, therefore, 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 in order 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 who are 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 or Power Brake Law hours of service and OSHA Regulations.
Three factors must be present for an injured railroad worker to collect damages against his employer under the FELA. First, the employee must be injured while in the course of his employment. This does not mean he must be on railroad property, or actually working, at the time he is injured. Generally, under the law, the employee is protected while he is at any place off or on railroad property where he has been sent by his 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. The second requirement is that the railroad must be engaged in interstate commerce. Today almost all of the duties of employees of interstate railroads are in the furtherance of interstate commerce and, as a result, this issue is rarely raised.
The third requirement is that negligence on the part of the railroad 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 as automatic couplers on its cars and engines, grab irons and sill steps, handbrakes, ladders and running boards. A railroad is absolutely 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. The injured fireman, brakeman and conductor on the road and in the switching yard are protected. The car inspector injured in the course of looking for defects in these appliances may be protected. Any craft whose duties are to handle the defective car or engine after the defect in the appliance had been found are not protected by the Safety Appliance Acts, and therefore, must show some evidence of negligence in order to recover.
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 with reference to a locomotive, its boiler, tender and all parts and appurtenances thereof. 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. Also, 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, in some instances, 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 injuries are caused by the negligence of the railroad, its officers, agents or employees.
Negligence is a legal term which basically means carelessness, or when someone acts unreasonably under certain circumstances. 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 which 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 otherwise recover. For example, if the jury finds that the employee should be awarded one million dollars 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.
What Damages Are Recoverable Under the FELA
The potential damages recoverable under the FELA are far greater than those available to any other type of worker. However, since the FELA places the burden upon the injured railroad employee, or the family of the deceased railroad employee, to gather, preserve and present the testimony of witnesses and other types of evidence before there can be any recovery at all, it is apparent that the railroad workers runs a particular risk in his attempt to recover fair and adequate damages for himself and his family.
Typical damages that may be recoverable by an injured railroad worker are:
- all past and future medical expenses necessary for the treatment of his injuries;
- loss of wages from the date of the accident until he returns to work and/or into the future until the end of his projected work life;
- pain and physical suffering; mental anxiety, including worry about his ability to do his work.
In cases of serious injury, an accurate and informed appraisal of all past and potential losses and damages cannot be made without the aid of a competent and experienced FELA attorney skilled in negotiation and knowledgeable in assessing medical information and the relationship between disability and earning capacity.
Asbestos-Related Diseases
Asbestos-containing materials, including insulation, brake and friction products, and gaskets, were widely used for many years in the railroad industry. Neither asbestos manufacturers nor the railroads warned of the hazards of exposure to asbestos dust, and today many workers suffer from asbestos-related disease.
These diseases include asbestosis, a scarring of the lung and/or its lining. This disease is characterized by shortness of breath and other breathing problems and may be present in combination with other conditions, such as those caused by smoking. Asbestos is also associated with cancers of the respiratory and digestive systems.
To determine whether asbestos-related disease is present, a specialist in occupational disease should be consulted. This office maintains a register of such specialists and can provide a referral upon request.
If you suspect that you may have an asbestos-related disease, it is important that you be examined. Early detection is the best medical protection. Furthermore, a three-year limitation exists for claims for asbestos disease. The date you know or should have known of such a disease triggers the start of that time period.
Hearing Loss
Work-related hearing loss may be caused by a sudden event, such as an explosion or accident, but is most often the result of a prolonged exposure to excessive noise. Such noise can come from various sources, including air hammers, locomotives, compressors, etc. This type of hearing loss, as well as conditions of buzzing in the ear, may be the result of the railroad's failure to provide a safe place to work. A properly accredited doctor should be consulted if you suspect a hearing loss.
Statute of Limitations: Suit Must Be Filed Within 3 Years
The injured worker has only three years from the date of his or her accident to file a lawsuit against the railroad in Court. Notifying the Claim Department, filing a claim the railroad Claim Department, and being in the midst of negotiations for settlement with the railroad Claim Department, are not excuses for not filing the lawsuit within three years.
As mentioned earlier, in cases involving an occupational disease, such as asbestosis, the three-year period starts to run when the employee first discovers that he has contracted a work-related disease.
Medical Treatment: See Your Own Doctor
Generally, if a worker needs medical attention, it is best that he see his own doctor. If the worker does not have a family doctor, it is preferable that he see a doctor who is not associated with the railroad.
Railroad Retirement: Board Benefits
As experienced FELA litigators, the attorneys at Thornton & Naumes regularly interact with the Railroad Retirement Board concerning sickness benefits, securing service credits and the qualifications necessary to obtain a Railroad Retirement Board occupational or permanent disability annuity.
When To Retain a Lawyer
Even when the injury is such that the employee is able to return to work, it is advisable that the services of a competent FELA attorney be obtained. In some circumstances it would be possible for the railroad employer to return the employee to work while the settlement was pending, only to terminate the employee after settlement. If a railroad employee sustains any significant injury, it is foolhardy not to be represented by an experienced FELA attorney.
You should know that FELA and the National Railroad Adjustment Board both hold that neither the injured railroad worker who brings a lawsuit, nor the railroad workers who testify on his behalf, can be subjected to loss of job or other types of reprisals by the railroad. The Act specifically provides that: "Whoever by threat, intimidation, order, rule, contract regulation or device whatsoever...or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest shall upon conviction thereof, be punished by a fine of not more than $1,000 or imprisonment for not more than one year or by both such fine and imprisonment for each offense."
Releases: Know What You're Signing
When an injured employee settles a claim with the railroad, he is required to sign a release before receiving the payment of money. A release is a final statement between the parties. The injured worker, in accepting the settlement and signing a release, gives up any and all claims he may have against the railroad resulting from that injury. Generally, once a release is signed, it is final and no further claim can be made even if the injury becomes much more serious than anticipated. Employees should be sure of the extent of their injuries before making a settlement.
What To Do When You Are Injured
Keep in mind the following steps outlined below. They are important to preserving your rights!
- Report the accident as soon as possible, describing the accident briefly and accurately.
- Do not sign a statement for a Claim Agent or railroad.
- Make notes while the accident is fresh in your mind. Note how the accident occurred and anything else pertaining to it.
- Be sure of your rights. Do not rely upon the railroad or its Claim Agents for advice on what your rights are, or how much you are entitled to receive.
- Do not attend any hearing or investigation without union representation.
- Do not attempt to deal directly with the claim department without obtaining legal advice or consulting with your union representative concerning the best procedure to follow to best protect your interests.
- Obtain the names and addresses of any witnesses to the accident and make a note of any rules that have been violated which gave rise to the accident.
- Keep a record of all the days that you lose and, if possible, the overtime that you would have been able to obtain had you not been injured.
- Do not hesitate, when in doubt as to what should be done to best protect your interests, to contact immediately your union representative or an experienced FELA attorney.
Important Contacts
- United Health Care
800-842-5252 - Aetna/US Healthcare
800-842-4044 - Aetna/US Healthcare (Dental)
877-277-3368 - Value Option (MHSA)
800-934-7245 - Paid Prescriptions (Rx)
800-842-0070 - Met Life
800-310-7770 - Provident Supplemental Sickness
800-542-4231
Important Links
- Brotherhood of Locomotive Engineers
- Brotherhood of Maintenance of Way Employers
- Brotherhood of Railway Signalmen
- Federal Railroad Administration
- International Brotherhood of Electrical Workers
- National Conference of Firemen and Oilers of SEIU
- Railroad Retirement Board
- Sheet Metal Workers' International Association
- Transportation Communications Union
- United Transportation Union
Please call Attorneys Robert Naumes or Robert Byrne at 800-431-4600 if you are interested in obtaining more information about a FELA claim.
Robert Naumes is designated legal counsel for the following unions:
- Brotherhood of Maintenance of Way Employees
- Brotherhood of Railroad Signalmen
- Brotherhood of Railway Carmen Division Transportation Communications International Union
- International Association of Machinists and Aerospace Workers
- International Brotherhood of Firemen and Oilers
- Sheet Metal Workers' International Association
- Transportation Communications International Union
- Transport Workers Union of America
- United Transportation Union