FELA (Federal Employers' Liability Act)

The Federal Employers' Liability Act, passed in 1908 and codified at 45 U.S.C. 51 and following sections, covers workers employed by railroads engaged in interstate commerce. Most workers who are hurt on the job are limited to workers' compensation, which pays fixed benefits regardless of fault but does not allow a lawsuit against the employer. Railroad workers are different: FELA lets them sue the railroad directly.

The tradeoff is that the worker must prove the railroad was negligent. However, the standard is favorable to workers. Under 45 U.S.C. 51, the railroad is liable for injury or death resulting "in whole or in part" from the negligence of its officers, agents, or employees, or from defects in its equipment, tracks, or other property. Under 45 U.S.C. 53, a worker's own negligence does not bar recovery; it only reduces damages in proportion to the worker's share of fault. Because it is a lawsuit, damages can include full lost wages, future earnings, medical costs, and pain and suffering.

FELA covers sudden accidents and also occupational diseases that develop over years, such as hearing loss, repetitive stress injuries, and cancers linked to diesel exhaust, asbestos, creosote, and other toxic exposures. Under 45 U.S.C. 56, a FELA claim must be filed within three years from the day the cause of action accrued, which for slow-developing diseases is generally when the worker knew or should have known of the injury and its likely cause.

FELA claims are individual cases. If you work or worked for a railroad and have a job-related injury or illness, document the incident, keep medical records, and be careful about signing statements for the railroad. See our mesothelioma and asbestos page for one common occupational claim.