10 Life Lessons We Can Learn From Fela Federal Employers Liability Act Federal Employers Liability Act

The federal law on employees liability (FELA) allows railroad workers who are injured to sue their employers. In contrast to workmen's compensation laws which provide payouts regardless of the fault of the railroad, FELA requires plaintiffs to prove that the railroad's negligence caused their injuries.

Both current and former railroad workers can present FELA claims as can relatives of deceased railroad workers who die from an on-the-job accident or occupational disease like mesothelioma. A experienced FELA attorney will have extensive experience handling these cases.

Statute of Limitations

The Federal Employers Liability Act (FELA) was passed in 1908 to provide a type of compensation and protections for railroad employees. The law defines the fundamental obligations and responsibilities for a railroad and outlines what negligence could cause injury and damage to employees. The law also establishes the time frame within which an employee has to file a lawsuit to recover compensation.

In FELA claims and not like workers' compensation, the injured worker has to prove that the employer was the cause of his injury. This is known as the causation requirement. The United States Supreme Court interpreted this to mean that the railroader's negligence should play a role, even if it is slight, in producing the harm for which damages are sought."

It is much easier for an employee to prove their guilt if they can show the employer was negligent in not providing safety equipment or training, or other safety measures or if the business has violated workplace regulations such as the Locomotive Inspection Act or Railroad Safety Appliance Act.

Additionally the law prohibits employers from using defenses like the assumption of risk or negligence by their employees. This creates a more favorable working environment for railroad workers who are injured. It is crucial to prove a solid case of injury prior to filing a lawsuit. This involves making sure that an expert medical professional has examined the injuries or illnesses and has taken photos of the scene and its surrounding area, speaking with witnesses and coworkers, and inspecting and photographing tools or equipment that could have caused an accident.

Another reason that it is important to seek a qualified FELA attorney immediately after an injury is that there is a time limit within which a lawsuit must be filed. In FELA cases it is three years from the time the person was aware or should have known that their injury or illness was caused by work.

The failure to make a claim in a timely manner can result in devastating financial and personal consequences for railroad workers injured. This is especially true if an injury causes permanent disability. It can also have a negative impact on any future plans to retrain or a job.

Work-related Diseases

Occupational diseases can occur across a broad range of industries and occupations. These illnesses could be caused by the nature of your job or by a combination of both. Medical research and epidemiological studies have made it easier to prove the connection between certain diseases and certain professions or industries. For instance, asbestos and mesothelioma are frequently associated with specific occupations and industries.

FELA laws allow railroad workers to claim their employers' responsibility for injuries and illnesses that occur due to the nature of their job. It is similar to workers' compensation, but it provides more benefits and requires proof that the injury, illness, or violation of a law, regulation, or policy resulted in it. Working with a dedicated FELA lawyer can ensure that you receive the most amount of compensation possible.

While FELA offers more protections than workers' comp, it does have unique rules and requirements. FELA also allows for comparative negligence, meaning you could still be eligible for compensation even if partially responsible for the injury or accident.

The FELA statute of limitations is three years in the event of work-related injuries or deaths. If you have a mesothelioma, or any other illness claim, the clock starts at the time you received a diagnosis or on the day when your symptoms began to be difficult to manage.

It is essential to work with an FELA lawyer with experience in FELA cases. A FELA claim requires extensive documentation and testimony from experts in the field of health and safety. They can help you gather the necessary evidence and create an argument that is strong to receive the compensation you are due. They will also determine if your fault in the accident or exposure to toxic materials was more than 50 percent. This can affect your settlement or award at trial. If you are found to be more than 50% at fault for a specific incident or injury the amount of your settlement or award may be reduced accordingly. Over the past century, FELA litigation has compelled railroad companies to adopt and use safer equipment and work practices. Despite these advances, trains, tracks and rail yards remain among the most dangerous workplaces in the United States.

Repetitive Trauma Injuries

Workplace injuries typically occur when workers repeatedly perform the same physical activity repeatedly. This could include typing, sewing, assembly line work, playing music, driving and much more. The resulting injuries from these repeated actions often develop so slowly that the injured worker might not be aware they are injured until it is too late to take legal action.

Many people view workplace accidents as a single incident, such as getting injured in a slip-and-fall or becoming sick from exposure to harmful chemicals. However thousands of tiny repetitive movements can cause significant injury and disability over time. These injuries are also referred to as repetitive stress injuries or cumulative trauma injuries. They can be as debilitating and painful as a sudden injury.


The Federal Employers' Liability Act, 45 U.S.C. 51) allows workers who work in high-risk sectors, such as those who are covered by workers' compensation and can sue their employers for damages not covered by workers compensation. FELA cases are different than regular workers' compensation claims and require specific evidence of the negligence of the employer. Moreover, the procedure for filing a FELA claim has strict guidelines to be followed by experienced lawyers in these cases.

Most railroad workers who are involved in interstate commerce, which includes personnel on clerical duties, temporary employees and contractors, could be eligible to file an FELA complaint. Those who are automatically covered by FELA are conductors, engineers, brakemen and machinists, however, the law also covers office workers, trainmen, signalmen and anyone else who is exposed to railroad equipment or goods or services.

A FELA lawyer should be consulted as quickly as possible following an injury. The railroad starts collecting statements, reenacting the incident and gathering documents and records once it has learned about the accident, and an attorney who is familiar with these tactics will be able to swiftly discover and preserve relevant information. This is crucial because evidence tends fade over time. The earlier you hire an attorney, the better. ensures that evidence will be readily available in time for trial.

fela railroad accident lawyer to harmful substances

Every business is responsible to ensure the security of their employees as well as customers. Certain industries and occupations are more risky than others. In these high-risk industries and jobs, employers must follow even stricter safety standards. Some states have laws to protect workers within their specific field, like the Federal Employers Liability Act, code 45 U.S.C. 51).

For more than a century, FELA litigation has led to improved equipment and safer working practices in rail yards, trains, and machine shops. Despite these improvements, railroads remain dangerous locations to work in.

Many FELA cases are the result of toxic exposures such as asbestos, diesel fumes and silica dust. Other substances that are toxic include herbicides and chemical solvents such as Roundup. These exposures are linked to serious illnesses like lung cancer, mesothelioma and pulmonary fibrisis. If a major railroad KNEW of the risks associated with these exposures but did not warn or protect their workers, this can be considered negligent and result in significant FELA damage.

In contrast to workers' compensation claims, FELA actions are based on fault and filed in federal courts. Researchers should be familiar with common law tort principles as well as state tort laws that may apply to any additional tort claims that are part of the FELA action.