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Federal Employers Liability Act

The federal employees liability act (FELA) allows railroad employees to sue their employers. Unlike workmen's compensation laws, which award payouts regardless fault, FELA requires plaintiffs to prove that the railroad's negligence caused their injuries.

Both current and former railroad employees can present FELA claims as can relatives of deceased railroad workers who have died due to an accident on the job or occupational disease like mesothelioma. A FELA lawyer with years of experience handling these cases will be well-versed.

Statute of Limitations

The Federal Employers Liability Act (FELA) was enacted in 1908 to create a form of compensation and protections to railroad workers. The law defines the essential obligations and responsibilities of railroads and defines what negligence can cause injury and damage to employees. The law also sets the time limit within which injured employees may file a lawsuit in order to be compensated.

In FELA cases and not like workers' compensation claims, the injured party must prove that their employer was responsible in the cause of their injury. This is known as the causation requirement. The United States Supreme Court interpreted this to mean that the railroader’s negligence must “play any part even if it's slight, in producing the damage for which is sought to be compensated.”

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

The law also blocks employers from using defenses like the assumption of risk and employee negligence, which creates a more favorable legal framework for railroad workers who have been injured. It is important to establish a strong case of injury before making a claim. This includes ensuring that a medical professional has reviewed the injuries or illness and taken photographs of the incident and the surrounding area, speaking with witnesses and coworkers, and reviewing and taking photos of tools or equipment that could have caused an accident.

A FELA attorney is also important to consult immediately after an accident as there is a time limit to when a lawsuit may be filed. In FELA claims, the time limit is three years after the date that an individual should have been aware or suspected their injury or illness to be related to work.

Failure to make a claim within a reasonable timeframe could have devastating financial and personal implications for a railroad worker who has suffered injury. This is particularly true when an injury results in permanent disability. It can also negatively impact any future plans for retraining or a career.

Work-related Diseases

occupational diseases can be found across a broad range of industries and occupations. These ailments may be linked to the nature of work, or they could be caused by a combination of factors. As a result of studies in epidemiology and medical research it is becoming easier to prove that specific illnesses are linked to particular occupations or industries. For instance asbestos and mesothelioma have been typically associated with certain jobs and industries.

FELA laws allow railroad workers to hold their employers accountable for illnesses and injuries caused by the nature of their work. It is similar to workers' compensation, but it offers more benefits and requires evidence that the injury, illness or violation of law, regulation, or policy caused it. A dedicated FELA lawyer can assist you to get the maximum amount of compensation.

FELA provides more protections than workers' comp however, it also has its own rules and requirements. FELA allows for comparative fault, which means you are still entitled to compensation even if you're partially at fault for the injury or accident.

The FELA statute is three years in the event of work-related injuries or deaths. For mesothelioma as well as other diseases, the clock begins either the day you received your diagnosis or the day your symptoms began to become incapacitating.

It is crucial to work with a FELA lawyer who is experienced in FELA cases. A FELA claim requires a lot of documentation and testimony from experts in the field of health and safety. They can help you create a solid case and gather the necessary documentation to claim the justice you're entitled to. They can also help you determine whether you were more or less than 50 percent at fault for the accident or exposure to toxic materials. This can impact the amount you receive in settlement or trial. If you are found more than 50% responsible for a specific incident or injury, your settlement or award may be reduced in proportion. More than 100 years of FELA litigation has pushed railroad companies to continuously adopt and use safer equipment and practices. Despite these advances trains, tracks, and rail yards remain among the most hazardous workplaces in the United States.

Repetitive Trauma Injury

Workplace injuries are often caused by a worker repeatedly performs the same physical activity repeatedly. These include typing, sewing and assembly line work. They can also include playing music, driving or driving on a motorway. These repetitive actions can cause injuries that are slow to heal that the worker may not even realize that they've been injured until it is too late to initiate legal action.

While many people think of workplace injuries as a single incident, such as being injured by a slip and fall or becoming sick due to toxic chemicals, the reality is that thousands of insignificant repetitive movements over time can result in significant injuries and disabilities. These types of injuries are known as cumulative trauma, or repetitive stress injuries. They can be just as debilitating as a sudden, violent injury.

The Federal Employers' Liability Act (FELA, 45 U.S.C. 51) allows workers who work in high-risk fields, such as those who are covered by workers compensation, to sue their employer for damages that are not covered by workers' compensation. FELA cases differ from regular claims for workers' compensation and require specific evidence of an employer's negligence. FELA claims must be filed according to strict guidelines by experienced attorneys.


Any worker who works for a railroad that is involved in interstate commerce is eligible to submit a FELA claim, which includes temporary and clerical employees as well as contractors. The workers who are covered by FELA are conductors, engineers brakemen, machinists and brakemen, however, the law also covers trainmen, office workers, signalmen and anyone else who is exposed to railroad equipment or goods or services.

A FELA lawyer should be consulted as soon as possible following an injury. When the railroad becomes aware of the accident and begins to collect statements, reenacting the event as well as preserving documents and records. An attorney who is familiar will know how quickly to discover and preserve relevant information. This is particularly important since evidence fades as time passes. Hiring fela claims railroad employees ensures that the evidence will be available in time for trial.

Unintentional exposure to harmful substances

All businesses have a responsibility to ensure the safety of employees and customers. However, certain sectors and jobs are more at risk dangers than others. In these high-risk industries and jobs employers are held to more stringent safety standards. This is why some states have laws that protect workers in their particular sector, for instance, the Federal Employers Liability Act (FELA, code 45 U.S.C. 51).

For more than a century, FELA litigation has led to safer equipment and better work procedures in trains, rail yards, and machine shops. Despite these advancements, railroads are still dangerous places to be.

Many FELA cases are caused by toxic exposure to substances like asbestos silica, diesel exhaust, dust, welding fumes, chemical solvents, and herbicides including Roundup. These exposures have been associated with serious health issues like mesothelioma, lung thermoplasia and lung cancer. If major railroads KNEW about the dangers posed by these exposures and failed to warn or protect its employees, this constitutes negligence that could result in significant FELA damages.

In contrast to claims for workers' compensation, FELA cases are fault-based and filed in federal court. Researchers must be aware of tort law principles, as well as any state tort laws that may apply to tort claims that are included in the FELA case.

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