Following is a summary of the Federal Employers' Liability Act (FELA) and your rights as an employee of the railroad. To discuss your rights with a lawyer, please call us at any time. There is no charge to consult with our attorneys about your rights.

Fela Background

In 1908, Congress enacted the Federal Employers' Liability Act (FELA) to protect railroad employees injured at work and give them the right to recover money damages from the railroad. An inherently hazardous occupation, Congress felt special attention was needed and strict regulations required in order to protect railroad employees. FELA makes a railroad liable to an employee injured or killed as a result of railroad negligence, no matter how small a part that negligence plays in the injury or death.

Requirements

Before an injured railroad employee is entitled to collect money for the injury, 3 requirements MUST be met:

1. YOU MUST BE INJURED WHILE IN THE COURSE AND SCOPE OF EMPLOYMENT (This includes any activity in the course of your duties for an interstate railroad);
2. YOUR EMPLOYER RAILROAD MUST BE ENGAGED IN INTERSTATE COMMERCE (Most duties of employees of railroads crossing state lines are in the furtherance of interstate commerce and therefore, this issue rarely comes up);
3. YOUR INJURY MUST HAVE BEEN CAUSED BY SOME NEGLIGENCE ON THE PART OF THE RAILROAD (Failing to provide a reasonably safe place to work)

Negligence

Railroads are under a duty to exercise reasonable care for the safety of their employees by furnishing safe tools and equipment, sufficient help, selecting proper work procedures, and making reasonable assignments. The injured worker must also use reasonable care for his/her own safety and failure to do so may result in a finding of "contributory negligence," reducing an award for money damages.

Defective Equipment

If an injured railroad employee shows that an injury occurred as a result of defective equipment, in violation of either the BOILER INSPECTION ACT or the SAFETY APPLIANCE ACT, the employee does not have to prove the railroad was negligent in order to hold it liable. There is absolute liability on the part of the railroad and a jury does not consider any contributory negligence of the employee. This means that an award granted by a jury cannot be reduced.

According to Railroad Inspection Data as of 8/19/98, there was an average of MORE THAN THREE defects recorded for EACH inspection performed and MORE THAN TWO employee deaths per 200,000 manhours.

Time Limits

SOURCE: Office of Safety Analysis of the Federal Railroad Administration

Under FELA, an injured railroad employee MUST bring a lawsuit within three years from the date of injury, or the Statute of Limitations will forever bar the filing of a lawsuit. In cases involving exposure to toxic substances or chemicals, which may result in diseases that do not manifest themselves until much later, the Statute of Limitations doesn't begin to run until the employee knows or should know of both the injury and its cause. This is also true for other conditions that may not immediately manifest themselves, like hearing loss due to repeated exposure to high decibel sounds on the job.

It is extremely important for you to contact the attorneys AS SOON AS YOU SUSPECT that you MAY have an injury. A consultation to discuss your situation is free and can eliminate problems with your case that may develop due to delays in dealing with railroad claims agents and innocent cooperation with the railroad during the days and weeks immediately following an accident.

THERE IS NO CHARGE TO DISCUSS YOUR RIGHTS

Anti-Harassment Law

Since FELA was enacted by Congress in 1908, railroad employees have been intimidated and harassed into not filing their injury claims against the railroad. What good is a law to protect the injured if they're too scared of retaliation to use it? After nearly ninety years of intimidation by the railroad, Congress enacted a new law protecting injured employees from being intimidated or harassed. This law provides you protection from harassment or intimidation that is calculated to discourage or prevent you from getting proper medical care or from reporting an accident, illness or injury. This law protects you from such harassment NO MATTER WHERE IT COMES FROM (ie. Supervisor, Manager, Officer of the Railroad or Co-employee). Punishment for such intimidati fines and/or jail time. You do not need to be scared to assert your rights when you are injured as a result of the railroad's negligence or due to defective equipment.

Damages

When you are injured as a result of railroad negligence or due to defective equipment, you are entitled to full and adequate compensation. In the case of your death, your survivors are entitled to compesation for the loss they've suffered. Factors considered include:

1. Nature and extent of the injury;
2. Past and future pain and suffering, mental anguish, disfigurement and loss of enjoyment of life;
3. Past and future loss of earnings; and
4. Past and future medical expenses.

In cases of serious injury, it is especially important to have an experienced FELA attorney at your side to assist in negotiating a full and fair recovery on your behalf. The attorneys at Bailey & Colley, L.L.P. are knowledgeable in dealing with railroad injuries and how they affect your ability to work and earn a living.