Federal Employers' Liability Act (FELA): An Introduction
Congress passed the Federal Employers' Liability Act in 1908 in response to the high number of railroad deaths in the late 1800s and early 1900s. Under FELA, railroad workers who are not covered by regular worker's compensation laws are able to sue companies over their injury claims. FELA allows monetary payouts for pain and suffering decided by juries based on comparative negligence rather than a pre-determined benefits schedule under workers compensation.

The law is designed to make the railroad industry less dangerous by assuring employees a safe work place. It also provides opportunities for family to recover compensation in a railroad related accident.

Tens of millions of dollars have been paid by railroad companies to settle solvent lawsuits under FELA. Injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits, for example, have been filed under FELA.

Still, workers must prove employer negligence, which can be extremely difficult especially against such large companies. That is why anyone seeking damages under FELA should have qualified counsel, such as William V. Kozol.

E-mail: wkozol@rcklawfirm.com