THE FEDERAL EMPLOYERS LIABILITY ACT (FELA)
AND RAILROAD WORKER INJURIES
The Federal Employers' Liability Act (FELA) was an Act of the U.S. Congress passed in 1908. For 100 years, FELA has provided the exclusive remedy of railroad workers injured or killed while in the service of the Railroad.
FELA is a fault-based law that requires the railroad workers to prove railroad negligence in order to recover money damages for work injuries. Negligence has been defined as the failure to provide a reasonably safe place, equipment or conditions for work. The law compares the negligence of the railroad and the injured worker to calculate the damages. In other words, assuming an injured worker could prove $1,000,000 worth of wage loss, medical bills, pain & suffering and disability, and further assuming that a jury determined the railroad and the injured worker each 50% at fault for an injury, the injured worker would be entitled to recover $500,000 ($1,000,000 x 50% = $500,000). This is a direct offset of damages so that a worker who was completely at fault for an injury collects nothing.
- STRICT LIABILITY
- LOCOMOTIVE INSPECTION ACT
- SAFEY APPLIANCE ACT
- FEDERAL REGULATIONS VIOLATIONS
If a Railroad violates certain federal laws or regulations, the company is strictly liable for all injuries a worker sustains no matter how much fault he or she had in the accident. For example, the Locomotive Inspection Act is a federal locomotive engine inspection law that requires Railroads to have locomotives in good working order and without certain defects. Prohibited defects are slipping hazards on walkways or unsafe passageways between engines, to name a few. If a worker slips on oil on an engine walkway, the Locomotive Inspection Act may impose 100% liability on the Railroad if certain legal requirements are met. For more information about Strict Liabilty cases, contact info@allfela.com.
Attorneys at Holland, Groves, Schneller & Stolze, L.L.C., have handled a large number of strict liability cases and have set a number of courtroom records in these cases including:
- $17 Million Verdict - Safety Appliance Act - Violation: broken sill step on car
- $4 Million Verdict - Locomotive Inspection Act - Violation: Ruptured water hose on engine
- $3.6 Million Verdict - Locomotive Inspection Act - Violation: Oil on engine walkway
This is just a sampling of our results. For a more complete view of our track record
click here.
ARE THERE ANY TIME LIMITS?
FELA cases have a three (3) year Statute of Limitations which requires you to bring your case to court within three (3) years of an inury at work. If you fail to do so, your claim could be barred FOREVER. To consult with an attorney at Holland, Groves, Schneller & Stolze, L.L.C. info@allfela.com.