Federal Liability Law

Workers employed by railroad companies use FELA in place of workers' compensation.

The Federal Employers Liability Act (FELA), came about in 1908 for workers injured on the job. Railroad common carriers are liable for damages to their employees who suffer injury while employed or in the death of the employee.

History

The U.S. federal government enacted FELA to protect and compensate the employers of railroad companies. This act is based on the commerce clause in the Constitution giving the government power over interstate commerce. f the worker is not 100 percent responsible for the injury, they have the ability to sue for damages in either the state or federal courts.

Comparative Negligence

With workers suing the railroads, the courts are heavily involved in the outcome of the accusations. The jury of the court decides how much the worker will be awarded if the railroad is partially or in whole to blame due to negligence of staff and/or equipment.

FELA Vs. Workers' Compensation

Railroad unions, at first, fought for a workers' compensation system over FELA when this originally was enacted by the federal government. Employers preferred to use FELA for railroad employee injuries, but have since changed their minds and now prefer workers' compensation with railroad unions favoring FELA.

References

• HG.org: Worldwide Legal Directories: Federal Employers Liability Act (FELA)
• Cornell University Law School: Legal Information Institute: U.S. Code: Title 45: Chapter 2: 51

Resources

• Seidman Law Offices: Federal Employers Liability Act Law
• Burwell Nebout: FELA Attorneys: FELA Claim Lawyer