What Must You Prove to Win a Federal Employer Liability Act (FELA) Claim?

Have you ever wondered what it takes to win a Federal Employer Liability Act (FELA) claim? If you’re a railroad worker who’s been injured on the job, understanding the ins and outs of this law could be the key to securing the compensation you deserve. To win a FELA claim, you must prove that your employer’s negligence caused your injury, which can be a complex process involving detailed documentation and legal expertise, as outlined in the Federal Employers’ Liability Act. 

Understanding FELA: Background and Purpose        

The Federal Employers Liability Act, or FELA, isn’t your run-of-the-mill workers’ compensation law. Enacted in 1908, this federal statute was designed to protect railroad workers in an era when railway accidents were alarmingly common. Unlike standard workers’ comp, FELA allows injured railroad employees to sue their employers directly for negligence. 

Here’s what sets FELA apart: 

• It’s exclusively for railroad workers engaged in interstate commerce. 

• Compensation is based on fault, not just the occurrence of an injury. 

• Damages can be much higher than typical workers’ compensation payouts. 

FELA covers a wide range of railroad employees, from conductors and engineers to maintenance workers and signalmen. If you’re working on the rails and your job impacts interstate commerce, chances are you’re under FELA’s protective umbrella. 

The Four Essential Elements of a FELA Claim         

Winning a FELA claim isn’t just about getting hurt on the job. There are four critical components you must prove: 

• You were employed by a railroad engaged in interstate commerce. 

• Your injury occurred during the course of your employment. 

• The railroad’s negligence caused or contributed to your injury. 

• You suffered damages as a result of the injury. 

Let’s break these down further: 

• Employment in Interstate Commerce: This is usually straightforward. If you work for a railroad that operates across state lines, you’re covered. Even if your specific job doesn’t cross borders, if it affects interstate operations, you’re in. 

• Injury During Employment: The injury must happen while you’re on the job. This doesn’t just mean during your shift – it could include company events or even commuting in certain circumstances. 

• Railroad’s Negligence: Here’s where things get tricky. You need to show that the railroad failed in its duty to provide a safe working environment. This could be through action or inaction. 

• Resulting Damages: Lastly, you must demonstrate that you suffered losses. These could be physical injuries, lost wages, pain and suffering, or other types of damages. 

Proving Negligence in FELA Claims     

Negligence is the cornerstone of any FELA claim. But what exactly constitutes negligence in the railroad industry? It’s any failure to provide a reasonably safe work environment. This could include: 

• Inadequate training or supervision 

• Failure to enforce safety rules 

• Using defective equipment 

• Poor maintenance of tracks or vehicles 

• Insufficient staffing 

Under FELA, the bar for proving negligence is lower than in typical personal injury cases. You only need to show that the railroad’s negligence played some part, no matter how small, in causing your injury. This is known as the “featherweight” burden of proof. 

Safety regulations play a key role in establishing negligence. If a railroad violates a safety statute and this violation leads to an injury, it’s considered negligence per se. This means you don’t have to prove the railroad was careless – the violation itself is evidence of negligence. 

However, be aware of comparative negligence. If you were partially at fault for your injury, your compensation might be reduced proportionately. For instance, if you’re found to be 20% at fault, your damages would be reduced by 20%. 

Causation and Damages in FELA Claims        

Proving causation in a FELA claim involves showing a direct link between the railroad’s negligence and your injury. This doesn’t mean the negligence has to be the sole cause – it just needs to play a part. 

When it comes to damages, FELA allows for a broader range of compensation than typical workers’ comp claims. You can seek damages for: 

• Medical expenses (past and future) 

• Lost wages and diminished earning capacity 

• Pain and suffering 

• Emotional distress 

• Loss of enjoyment of life 

Calculating these damages requires careful documentation. Keep meticulous records of all medical treatments, missed workdays, and how the injury has impacted your daily life. Expert testimony from doctors, economists, and life care planners can be crucial in establishing the full extent of your damages. 

The FELA Claim Process       

Navigating a FELA claim can be complex, but understanding the process is crucial. Here’s a general roadmap: 

• Report the Injury: Inform your supervisor immediately and file an accident report. 

• Seek Medical Attention: Get treatment right away, even for seemingly minor injuries. 

• Document Everything: Keep records of all medical visits, treatments, and how the injury affects your daily life. 

• Investigate the Incident: Gather evidence, take photos, and collect witness statements if possible. 

• File the Claim: You have three years from the date of injury to file a FELA claim. 

• Negotiation: Your attorney will likely negotiate with the railroad’s insurance company. 

• Settlement or Trial: If a fair settlement can’t be reached, your case may go to trial. 

Remember, the statute of limitations for FELA claims is three years. Miss this deadline, and you could lose your right to compensation. 

Common Challenges in FELA Claims 

While FELA provides strong protections for railroad workers, winning a claim isn’t always straightforward. Be prepared for these common hurdles: 

• Employer Tactics: Railroads may try to dispute your claim or downplay their negligence. 

• Pre-existing Conditions: The railroad might argue that your injury was due to a pre-existing condition rather than workplace negligence. 

• Causation Disputes: Proving the direct link between negligence and injury can be challenging, especially with cumulative trauma injuries. 

• Comparative Negligence Arguments: The railroad may try to shift blame onto you to reduce their liability. 

Overcoming these challenges often requires skilled legal representation and thorough preparation of your case. 

The Importance of Expert Witnesses in FELA Cases 

Expert witnesses can make or break a FELA claim. These professionals provide specialized knowledge that can help establish negligence, causation, and the extent of your damages. Common types of expert witnesses in FELA cases include: 

• Medical Experts: To testify about your injuries and prognosis. 

• Safety Experts: To explain how the railroad failed to meet safety standards. 

• Vocational Experts: To discuss how your injury impacts your ability to work. 

• Economic Experts: To calculate long-term financial losses. 

Your attorney will likely work with these experts to build a strong case. Be prepared for the railroad to bring in their own experts to challenge your claim. 

Tips for Strengthening Your FELA Claim 

Want to boost your chances of winning your FELA claim? Here are some key strategies: 

• Document Everything: Keep detailed records of the accident, your injuries, and all related expenses. 

• Follow Medical Advice: Stick to your treatment plan and attend all follow-up appointments. 

• Be Cautious with social media: Avoid posting about your injury or activities that could undermine your claim. 

• Don’t Give Recorded Statements: Without legal advice, you might say something that could harm your case. 

• Be Wary of Quick Settlement Offers: The railroad’s initial offer is often lower than what your claim is worth. 

• Consider All Types of Damages: Don’t overlook less obvious damages like emotional distress or loss of enjoyment of life. 

Remember, a successful FELA claim requires proving that the railroad’s negligence played a part in your injury. The more evidence you can gather to support this, the stronger your case will be. 

FELA Claims: Get the Compensation You Deserve 

Winning a FELA claim requires proving that your employer’s negligence contributed to your injury. The process can be challenging, but with the right approach and legal guidance, you can successfully pursue the compensation you deserve.  

At Burge & Burge, PC, we understand the complexities of FELA claims and are committed to fighting for the rights of injured railroad workers. If you have been injured while working for a railroad, don’t go it alone. Contact Burge & Burge, PC for a free consultation and case assessment.