The Law Firm of Motley Rice LLC - Occupational: FELA/Railroad Injury Litigation

Too many railroad workers are not aware of the rights and benefits that stem from the Federal Employers' Liability Act (FELA), a law passed in 1908 to improve the safety of railroads and to provide for recovery of substantial damages by railroad workers or their families.

Recovery of damages is allowed for injuries caused by:

Negligence of the railroad, its officers, or employees
Failure of the railroad to provide safe tools, equipment, appliances, or a safe place to work
Violation of the Safety Appliance Act, the Boiler Inspection Act, the Power Brake Law, hours of service, and OSHA regulations

Three factors must be present for an injured railroad worker to collect damages against his employer under FELA:

The employee must be injured while in the course of his employment
The railroad must be involved in interstate commerce (this is almost always the case and is rarely raised)
Negligence on part of the railroad must have played some part in the employee's injury

Damages that are recoverable under FELA include loss of wages, pain and suffering, mental anxiety, and past and future medical expenses related to claim-related injuries, such as asbestos-related diseases, manganese poisoning, traumatic injury and death, and hearing loss.