Ten Common Misconceptions About Fela Federal Employers Liability Act That Aren't Always True Federal Employers Liability Act

The federal employee liability law (FELA) allows railroad workers who are injured to sue their employers. Unlike workmen's compensation laws, which provide payouts regardless of the cause of the accident, FELA requires plaintiffs to show that negligence by the railroad caused their injuries.

Families of railroad workers who have died from occupational diseases or accidents on the job, like mesothelioma, can also claim FELA claims. A knowledgeable FELA attorney will have extensive experience handling these cases.

Statute of Limitations

In 1908 the Federal Employers Liability (FELA) Act was adopted to provide protection and compensation for railroad workers. The law outlines the fundamental obligations of a railroad corporation and the types of negligence that can lead to injury and damages for employees. fela law firm establishes the deadline by which an injured employee can make a claim to claim compensation.

In FELA cases and not like workers' compensation claims, the injured worker must prove that their employer was the one responsible in the cause of their injury. This is known as the causation requirement. The United States Supreme Court has read this to mean that the railroader's negligence must "play any part, even the slightest, in causing the injury for which damages are sought."

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

The law also prevents employers from using defenses like the assumption of risk and employee negligence, resulting in a more favorable legal environment for railroad workers who have been injured. It is crucial to establish a convincing case of injury prior to making a claim. This includes speaking with witnesses, colleagues and making sure that a medical professional has assessed any injuries or illnesses. Also, it is important to take photographs of the scene or the surrounding area as well as taking photos and inspecting or photographing any equipment or tools which might have caused an accident.

Another reason it is important to seek an experienced FELA attorney as soon as you have suffered an injury is that there is a strict time limit within which a lawsuit must be filed. In FELA claims the time limit is three years following the date when an individual should have been aware or suspected the injury or illness to be related to work.


The failure to submit a lawsuit in a timely manner could cause devastating financial and personal implications for an injured railroad worker. This is particularly relevant in the event of an injury that causes serious permanent impairments. It can also negatively impact any future plans for retraining or a career.

Work-related Diseases

A variety of sectors and jobs have the potential to cause occupational illnesses. These ailments could be due to the nature of work, or they may be caused by the combination of several factors. As a result of research in the field of medicine and epidemiology, it is becoming easier to establish that certain illnesses are linked to particular occupations or industries. Asbestos and mesothelioma for example, are often related to specific occupations and industries.

FELA laws permit railroad workers to make their employers accountable for illnesses and injuries caused by the nature of their job. It is similar to workers' compensation, but it provides more benefits and requires evidence that the injury, illness, or violation of a law or regulation was the cause. A dedicated FELA lawyer can help you obtain the maximum amount of compensation.

FELA offers more protections than workers' compensation, but it has its own rules and regulations. FELA allows for comparative fault, which means you are still entitled to compensation even when you're partially responsible for the injury or accident.

The FELA statute of limitations is three years for work-related injury or death claims. For mesothelioma and other illnesses the clock starts the day you received your diagnosis or the day that your symptoms became incapacitating.

A FELA case requires extensive documentation and testimony from experts in health and safety and health and safety experts, which is why it is crucial to work with a seasoned FELA lawyer. They can help you gather the necessary evidence and create a convincing case to get the compensation you deserve. They can also assist you to determine whether you were more than 50 percent at fault for the accident or exposure to toxic substances. This can affect your settlement or award at trial. For instance, if you are found to be more than 50 percent at fault for an injury or incident the settlement or trial award will be reduced by that percentage. More than a century of FELA litigation has pushed railroad companies to continuously adopt and use safer equipment and practices. Despite these improvements, trains, tracks, and rail yards are still among the most dangerous workplaces in the United States.

Repetitive Trauma Injuries

Workplace injuries often occur when workers perform the same physical task over and over. These actions can include sewing, typing, assembly line work, listening to music, driving and more. The injuries that result from these repeated actions usually occur so slowly that the affected worker may not realize they are injured until it is late to take legal action.

Many people think of workplace injuries as a single incident, such as being injured in a fall or slip or becoming sick due to toxic chemicals, the truth is that thousands of insignificant repetitive movements over time can cause significant injury and disability. These types of injuries are known as cumulative trauma injuries or repetitive stress injuries, and can be as severe as a sudden, severe injury.

The Federal Employers' Liability Act (FELA 45 U.S.C. 51) permits workers in high-risk industries to sue their employers for damages not covered by traditional workplace compensation like workers compensation. FELA claims differ from normal workers' compensation claims and require specific proof of negligence on the part of the employer. Furthermore the process of filing an FELA claim has strict guidelines to be followed by attorneys experienced in these areas.

Almost all railroad workers who are involved in interstate commerce, such as personnel on clerical duties, temporary employees and contractors, are qualified to file a FELA complaint. Those who are automatically covered by FELA are conductors, engineers, brakemen and machinists, but the law also covers office workers, trainmen, signalmen and anyone else who is exposed to railroad equipment, goods or services.

A FELA lawyer is recommended to be consulted as soon as is possible following an accident. The railroad begins collecting statements, performing reenactments of the incident and collecting documents and records as soon as it learns about the injury and an attorney familiar with these tactics will be able to swiftly discover and preserve relevant information. This is crucial because evidence fades with time. Hiring an attorney early also ensures that the evidence will be accessible at the time of trial.

Intentional exposure to harmful substances

Every business is responsible to ensure the security of their employees as well as customers. However, some sectors and jobs are more at risk dangers than others. In these high-risk industries and jobs employers must adhere to more stringent safety standards. This is the reason why certain states have specific laws that protect workers in their particular field, such as the Federal Employers Liability Act (FELA code 45 U.S.C. 51).

Since more than a hundred years, FELA litigation led to improvements in equipment and safer working practices on trains as well as rail yards and machine shops. Despite these advances trains are still hazardous places to work in.

Many FELA cases result from toxic exposures like asbestos, diesel fumes and silica dust. Other toxic substances include chemical solvents and herbicides like Roundup. These exposures have been linked to serious health problems such as mesothelioma, pulmonary thermoplasia, and lung cancer. When major railroads KNEW of the dangers associated with these exposures, but failed to warn or protect their workers, this could be considered negligence and could result in substantial FELA damage.

Unlike workers' compensation claims, FELA cases are fault-based and filed in federal court. Researchers should be aware of common law tort principles as well as state tort laws that could be applicable to other tort claims joined in a FELA action.