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Federal Employer’s Liability Act and Railroad Employee Injury Claims

When a railroad worker is injured, his or her claim is governed by a federal statute known as the Federal Employer’s Liability Act, often referred to as FELA. FELA was enacted in 1908 due to a public outcry arising from the number of railroad workers suffering injuries, especially when such injuries often were severe if not fatal. In nearly every other context, when an employee is injured at work, his or her claim is governed by the worker’s compensation laws of the state where the injury occurred. Such is not the case with railroad employee accident claims, which are governed by FELA. The great benefit to railroad workers under FELA, as opposed to an ordinary worker compensation claim, is that recoveries under FELA are typically far greater than that available under state worker’s compensation laws.

To successfully assert a FELA claim, the railroad employee must prove some negligence on the part of the railroad causing the incident giving rise to injuries. Fortunately, the amount of negligence to be shown by the railroad is slight. The basic test is whether the railroad failed to provide a reasonably safe work place.

An employee must bring a claim under FELA within three years of the date of injury, though there are some special circumstances which can alter that time period. As a result, it is recommended that the injured railroad employee contact an experienced FELA/railroad employee accident attorney soon after injuries have been suffered.

After a railroad employee suffers an at work injury, he or she must complete a written personal injury report. It is important that the report be completed accurately. In addition, the unsafe or unreasonable work condition causing the incident should be identified.

Railroad employees cannot be harassed or intimidated by the railroad when filing an injury report. The Federal Railroad Administration has issued regulations prohibiting such harassing or intimidating tactics. Railroads are required to adopt an Internal Control Plan. The plan must provide that no railroad official is to harass or intimidate so to prevent or discourage an injured railroad employee from receiving proper medical treatment or from reporting, accurately, a railroad accident, injury or illness. In addition, the plan is to call for disciplinary action against any railroad official who commits acts of harassment or intimidation.