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Railroad work has long been one of the most dangerous industries in the United States. At the turn of the 20th century, the risks were staggering; in 1907 alone, more than 4,500 railroad workers were killed on the job. At that time, injured workers had little to no legal recourse.
That changed in 1908 with the passage of the Federal Employers’ Liability Act (FELA), a groundbreaking law that continues to protect railroad workers today.
If you or a loved one works in the railroad industry, understanding FELA is critical to protecting your rights after a workplace injury.
What Is FELA?
The Federal Employers’ Liability Act (FELA) is a federal law that allows injured railroad workers to file claims against their employer when negligence plays a role in a workplace injury.
Unlike traditional workplace injury systems, FELA is not a no-fault insurance program. Instead, it requires proving that the railroad’s negligence played a role in the injury, even if only slightly.
At the core of FELA is this principle:
A railroad company is liable if its negligence played any part, even the slightest, in causing an employee’s injury.
This lower burden of proof is often referred to as the “featherweight” standard, making FELA claims more favorable to workers compared to traditional negligence cases.
Why Was FELA Created?
Before FELA, railroad companies were largely shielded from liability due to outdated legal doctrines that made it nearly impossible for injured workers to recover compensation. These included:
- The Fellow Servant Rule – Employers were not liable if a coworker caused the injury
- Assumption of Risk – Workers accepted job dangers simply by taking the job
- Contributory Negligence – Any fault by the worker (even 1%) barred recovery entirely
FELA eliminated or replaced these doctrines with a fairer system, including comparative negligence, allowing injured workers to recover damages even if they were partially at fault.
Who Does FELA Protect?
FELA specifically protects railroad employees injured on the job. Coverage is broad and applies to workers involved in interstate commerce.
Protected workers include:
- Track and bridge maintenance crews
- Signalmen
- Yard workers
- Mechanics
- electricistas
- Office personnel
- Train operators and conductors
To qualify under FELA, you must:
- Be employed by the railroad (not an independent contractor)
- Be working within the scope of your employment
- Be contributing to interstate commerce
FELA vs. Workers’ Compensation: Key Differences
One of the most common misconceptions is that railroad workers can file for workers’ compensation. They cannot. Instead, they must file a FELA claim.
Compensación de trabajadores
- No-fault system
- Limited benefits
- No compensation for pain and suffering
- Handled through state agencies
FELA Claims
- Requires proof of employer negligence
- Allows full recovery of damages
- Includes pain and suffering
- Handled in state or federal court
Under FELA, injured workers may recover compensation for:
- Past and future lost wages
- Medical expenses (past and future)
- Dolor y sufrimiento
- Mental distress
- Loss of earning capacity
What Duties Do Railroads Owe Their Workers?
Railroad companies have a legal obligation to provide a safe work environment. Under FELA, employers must:
- Provide safe equipment, tools, and working conditions
- Inspect workplaces for hazards
- Properly train and supervise employees
- Enforce safety regulations
- Prevent unreasonable work demands
- Protect workers from foreseeable harm
Failure to meet these duties may constitute negligencia, the foundation of a FELA claim.
Elements of a FELA Claim
To successfully bring a FELA claim, you must establish the following:
1. You Are a Covered Employee
You must be employed by the railroad and engaged in interstate commerce.
2. The Railroad Is a Common Carrier
The company must transport goods or passengers across state lines.
3. Injury Occurred During Employment
The injury must happen while performing job-related duties.
4. The Railroad Was Negligent
You must show the employer failed to provide a reasonably safe work environment.
5. Negligence Caused the Injury
Even minimal employer fault is enough under FELA.
What Is Comparative Negligence?
Railroads often argue that the worker shares responsibility for the accident.
Under FELA’s comparative negligence rule:
- You can still recover damages even if partially at fault
- Your compensation is reduced by your percentage of fault
For example, if you are found 20% responsible, your total compensation is reduced by 20%.
Safety Laws That Strengthen FELA Claims
Several federal safety laws often intersect with FELA claims. Violations can help prove negligence, including:
When these laws are violated, it may constitute negligence per se, strengthening your case.
What to Do After a Railroad Injury
Taking the right steps after an injury can significantly impact your claim:
- Seek immediate medical attention
- Report the injury to your supervisor
- Document everything (photos, witnesses, conditions)
- Avoid signing statements without legal counsel
Railroad companies often act quickly to limit liability, having an attorney early can protect your rights.
Key Documents in a FELA Claim
Proper documentation is critical. Important records include:
- Railroad accident or injury report
- Medical records and bills
- Witness statements
- Legal complaint (if a lawsuit is filed)
Accuracy and consistency in these documents can make or break your case.
What Is Alternative Dispute Resolution (ADR) in FELA Cases?
Many FELA cases are resolved through alternative dispute resolution (ADR) before reaching trial.
ADR methods include:
- Mediación – A neutral third party helps both sides reach a settlement
- Arbitraje – A binding decision is made by an arbitrator
ADR is often faster and less costly than litigation, but legal guidance is essential before agreeing to any settlement.
Statute of Limitations for FELA Claims
FELA claims must be filed within tres años from the date of injury, or from when the injury was discovered. Missing this deadline can permanently bar your claim.
Speak With an Experienced FELA Attorney Today
FELA cases are complex and require proving employer negligence, something railroad companies aggressively defend against.
If you or a loved one has been injured while working in the railroad industry, you don’t have to face this process alone.
Our experienced attorneys understand FELA inside and out and are ready to fight for the compensation you deserve.
Póngase en contacto con nosotros hoy for a free, no-obligation consultation.