What Is FELA?

FELA, or the Federal Employers Liability Act was introduced in 1908 to help railroad workers to get compensation when they're injured on the job. Congress passed FELA in response to a public outcry over the large number of deaths and injuries suffered by railroad employees while on the job in the late 1800s and early 1900s. Intention of FELA is to make railroad a less dangerous workplace.

How FELA differs from Typical state worker's compensation scheme?

In a typical worker compensation scheme the worker can claim damages regardless of who was at fault. The worker need only show that his injury occurred on the job. The worker may have 100% blame for his injury and would still claims and receives benefits. But in FELA the worker has to prove his injury or medical condition was caused in whole or part by the negligence of the railroad. This is a challenge faced by FELA attorney. They have to prove that fault is with employer. But FELA has its advantages to workers over typical compensation schemes. But I will not be discussing details in this article.

FELA helps the worker by defining safe working environment. FELA provides specifically that the railroad has a non-delegable duty to provide the worker a safe working environment.

The Courts have defined this to include:

-Safe tools and equipment
-Safe work methods
-The duty to warn of dangers in the workplace

What will FELA offer the worker?

-He can claim for past and future wages. This may include loss of past income due to accident or medical condition and loss of future earning capacity.
-He can claim past, present and future medical costs and expenses.
-He can claim for past, present and future pain and suffering.
-He can claim psychological or "emotional distress" damages. If you are in a depression due to this accident of medical condition, you can claim for monetary compensation.