FELA Law Lawyers & Attorneys

Federal Employers Liability Act

Enacted in 1908, the Federal Employers' Liability Act was passed by Congress and signed into law to protect America's railroad workers. The Act, commonly referred to as FELA (pronounced "fee-lah"), was the US Government's response to the harsh treatment of workers that worked days and nights, seven days straight forging the railway into unsettled territories. The work was hard, the terrain was rough, the pay was low and many thousands of workers would die every year. Nevertheless, it was steady work for all types of immigrants that spoke no English and would otherwise not be able to get a job to feed their families.

However, when a railroad worker was injured there was no remedy for them. Hence, Title 45 U.S.C. Section 51, et seq. (FELA) was Congress' answer. A FELA lawsuit must be filed within three (3) years of the injury date or it is barred by the Statute of Limitations. Filing of such lawsuits by an experienced attorney, skilled in FELA law is an important step for securing the rights of the injured. FELA lawyers who specialize in railroad accidents will know the intricacies of the law and provide the best defense.

Railroad Companies Have Been Fighting
FELA Since Its Enactment

The railroad companies have been opposed to FELA since its enactment and have tried unsuccessfully, for a century, to limit its reach or have it repealed. Instead, in most instances, they have adopted a harsh strategy of simply not paying damages due. Many injured railroad employees have gone years without compensation, even though liability has been clearly established. These companies have the economic resources to try to "starve out" the worker.
Retaining the services of an experienced FELA attorney can provide the best defense against such strong arm tactics and unfair policies.

"Comparative Negligence" in FELA Lawsuits

Another concept to understand about FELA is that it applies the legal doctrine of "comparative negligence" to all FELA claims. Under a "comparative negligence" approach, the jury hears testimony about the negligent conduct of both parties--the railroad company and the railroad worker. Based on the evidence, the jury will determine what the injured party's damages are and how much should be allocated to each party. Sometimes accidents happen not just from the railroad's negligence but also from the worker's too. The good thing about "comparative negligence" is, even though the jury may find a percentage of negligence on the worker, the injured worker still recovers the percentage of the jury's monetary award that is equal to the Railroad's percentage of negligence. By way of example only, if the worker is found 25% negligent and the railroad is found 75% negligent and the jury awards $875,000.00, then the Judgment would be that the worker recovers $656,250.00 plus costs. This is quite different than in almost all states where, if the injured person is found 51% or more negligent by the jury, the injured person would recover zero no matter how much the jury awarded for money damages.

FELA Lawsuit Lawyer & Attorney

In summary, FELA is one of the few areas of the law that is still favorable to an injured worker. All FELA lawyers are keenly aware of the different states adopting what is called "tort reform". In essence, through the hard work of insurance companies' lobbyists working with state legislators, there have been many alterations to our tort system. This is not true of FELA since the Congress would be the legislative body that would have to alter it and not some state legislature. The exact same law applies to a person hurt working on a tie gang in Albany Georgia as it does to an engineer injured in Casper Wyoming. Hopefully, FELA will remain as a resource for injured railroad workers without any alterations.

By: Steve Gordon & Todd Elias of Gordon & Elias, L.L.P. www.gordon-elias.com

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