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Railroad workers are often injured on the job and are not provided the prompt and certain relief afforded to injured workers in other industries by no-fault workers' compensation laws.

To recover for an on the job injury, railroad workers must prove their cases under the Federal Employers' Liability Act (FELA), which was passed by Congress in 1907. This law requires proof that the injury to the worker was caused, in whole or in part, by the negligence of the railroad through the conduct of another railroad employee, agent, and/or contractor.

Although in contrast to workers' compensation laws FELA requires a showing of negligence or fault, it differs from most other civil negligence claims by employing the doctrine of comparative negligence, which allows an employee who was himself somewhat negligent to recover. Rather than deny recovery completely under the common law contributory negligence doctrine (applicable in most jurisdictions in non- railroad negligence claims), FELA awards are reduced by the percentage the employee's negligence contributed to his injury.

Because of the differences between FELA cases and ordinary negligence cases in terms of the required proof and the effect of the employee's own contributory negligence, courts have sometimes exhibited a reluctance to follow the letter and spirit of the law. The railroad industry itself has repeatedly sought Congressional action to amend, repeal or alter the FELA, seeking to substitute in its place a system similar to ordinary workers' compensation claims. Congress has steadfastly rejected these overtures to repeal or amend the FELA, and in so doing, has reaffirmed its support for the wisdom of the law as drafted and as applied since its inception.

The legislative history of the FELA and judicial decisions interpreting this law make it plain that Congress has always regarded the FELA as more than a compensation scheme for railroad workers, but also as an inducement to the railroad industry to promote safe work practices to reduce the number of injuries.

If you or a loved one who works for the railroad industry is suffering from an injury that was caused by the negligent actions of another railroad employee, agent, and/or contractor you may be entitled to monetary compensation. Complete the free online consultation form below and an attorney may contact you to discuss your claim.

Free Railroad Employee Rights Consultation

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Injured Person Information:

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If you are NOT inquiring on your own behalf,
what is your relationship to the injured person?

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If deceased, what is the cause of death
as stated on the death certificate:

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If yes, when did you/victim stop working?
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Accident / Injury Information:

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Time of Accident:
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State where accident occured:	*

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Did you go to the hospital?	Yes No

Case Description*
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