If you were injured while working for a railroad engaged in interstate commerce, you may be able to recover compensation for your injuries under the Federal Employers' Liability Act (FELA). If you have questions about holding your employer liable under FELA, contact our firm to schedule a consultation with an experienced attorney.
Contact an Experienced Attorney
Regarding Federal Employers Liability Act Based Claims
In the event of a railroad injury, injured and bereaved clients should consult with an experienced, accomplished personal injury law firm. Note: a FELA claim may be appropriate for a former railroad worker who suffers from mesothelioma as a result of exposure to asbestos while working on and around trains, or in railroad shops and buildings.
Call or e-mail James F. Humphreys & Associates, L.C., to schedule a free initial consultation after a railroad accident or occupational illness. From offices in Charleston and Washington, D.C., we serve clients throughout West Virginia and across the country, associating as needed with local attorneys in states where we are not licensed to practice.
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FELA - An Overview
The Federal Employers' Liability Act (FELA) created a cause of action for damages for injuries or death caused by the negligence of a common carrier by railroad engaging in interstate or foreign commerce. FELA is a remedial statute that is liberally construed by courts. It supersedes common law and state laws that cover the liability of railroads for injuries to employees who work in interstate commerce. If you are a railroad employee who was injured on the job or if a family member died while working for a common carrier by railroad, you may have a claim for damages under FELA. An attorney at James F. Humphreys & Associates, L.C. in Charleston, WV, who has experience handling FELA cases can evaluate your situation.
Liability under FELA
FELA provides the following:
Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee … for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. 45 U.S.C. § 51.
FELA applies where the defendant is a common carrier by railroad that engages in interstate or foreign commerce and the employee's duties furthered or substantially affected such commerce.
To establish a claim under FELA, the plaintiff must show that an injury occurred while he or she was working within the scope of his or her employment with a railroad; the plaintiff's employment furthered the railroad's interstate transportation business; the railroad was negligent; and the railroad's negligence in some way caused the plaintiff's injury. FELA applies to all reasonably foreseeable injuries due to a railroad's negligence, including emotional injuries. An employee who is within the "zone of danger" of physical harm can recover for emotional injuries caused by fear of physical harm, but employees outside of this zone cannot recover for emotional injuries. Employees who are injured while performing activities that are outside the scope of their duties cannot hold a railroad liable under FELA.
In a FELA case, the plaintiff must establish a lesser degree of fault than what he or she would need to show in an ordinary negligence case. A FELA plaintiff must only establish that the defendant railroad was negligent and that this negligence played some role, no matter how small, in causing the plaintiff's injuries. This has sometimes been referred to as a "featherweight" burden of proof.
Defenses
Depending on the circumstances, the railroad may assert one or more of the following defenses:
- The plaintiff was contributorily negligent and any recovery should be proportionately reduced under the pure comparative negligence doctrine
- The plaintiff's own negligence was the sole cause of his or her injuries, so the plaintiff should recover no damages from the defendant
- The three year statute of limitations for bringing a claim has run out
- The plaintiff was not injured within the scope or course of employment
- The plaintiff has released his or her claims against the railroad
FELA provides for pure comparative negligence. That means that if the plaintiff is found to have acted negligently (that is, the plaintiff failed to exercise reasonable care for his or her own safety), any recovery from the defendant will be reduced in proportion to the amount of negligence attributable to the plaintiff.
Talk to a Lawyer
If you or a loved one was injured while employed as a railroad worker, contact an attorney at James F. Humphreys & Associates, L.C. in Charleston, WV, with FELA experience as soon as possible so that your legal rights are protected.
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