FELA - Federal Employers' Liability Act
“…The Federal Employers Liability Act or FELA
is a response to the special needs
of railroad workers who are daily exposed to
the risks inherent in railroad work and are
helpless to provide adequately for their own
safety.” (356 U.S. 326, Supreme Court
of the United States)
From the time the Golden Spike was driven
at Promontory, Utah in 1869 marking symbolically
the completion of the first transcontinental
railroad, working on the railroad has been a
dangerous job. The odds against a railroad brakeman’s
dying a natural death in 1888 were almost four
to one. In 1893 the average life expectancy
of a switchman was seven years.
Railroad work remains dangerous today, thanks
to hazards inherent to the work, but more especially,
thanks to the railroad's disregard for employee
safety and its failure to furnish its employees
with a safe place to work. The dangers and railroad accidents take
a horrible toll, costing hundreds of worker
lives annually and causing countless injuries
to the men and women who are on the front lines
of railroad work.
In the early days of railroading, the men working
to build, maintain and operate the railroads
not only paid a mammoth price in human suffering
and accidental death, they had insult added to the injury
when the only thing done by the railroad after
the injury or wrongful death was to hire a replacement
worker. The workers and their families were
on their own; the railroad workers and their families
got nothing.
Then, in 1908, there came truly landmark legislation
entitled the Federal Employers' Liability Act,
or as it is commonly known, FELA.
No law can bring back a loved one or in any
way replace a tragically killed father or mother,
daughter or son. That goes without saying. And
no law can ease the pain of an railroad injury, cause
a railroad injury to heal or grow back some lost body
part. But, as the nation’s first “worker
compensation” effort and industrial safety
statute, FELA (Federal Employers Liability Act)
would then and now do as much
as any law can to make the railroad a safer
place to work and ease the railroader’s
or the family’s plight should the railroader
be injured or killed on the job.
Just what is the Federal Employers' Liability Act or FELA?
FELA is a federal law giving railroad employees
and their families the right to sue the railroad
employers for compensation or, the more legal
term, damages, when the worker is injured or
killed on the job. Under the Federal Employers' Liabilies Act or FELA, railroad workers
are able to collect for past and future wage
losses, other financial or economic losses,
medical expenses, and pain and suffering.
Concerning FELA and its making the railroad
compensate injured workers, Supreme Court Justice
William Douglas said: "The Federal Employers'
Liability Act was designed to put on the railroad
industry some of the costs of the legs, arms,
eyes, and lives which it consumed in its operation."
Besides giving railroad workers and their families
justice through monetary damages, the FELA demands
that railroads provide their employees with
a reasonably safe place to work. It forces the
railroad industry to be accountable to its employees
for safer working conditions with the ultimatum:
Make the workplace safe or pay.
When the workplace is not made at least reasonably
safe by the railroad, and an employee has a railroad related injury or
accidental death, the railroad is said to be negligent.
That word, “negligent,” is key to
personal injury claims under FELA. There must
be proof of negligence on the part of the railroad–
negligence that either caused or contributed
to cause the injury to the employee. When negligence
can be proven, the railroad is said to be liable
(remember, “liability” is the “L”
in FELA, and without negligence, there is no
liability) to the injured railroad employee for damages.
Negligence on the part of the railroad is seldom
a “black and white” issue. Indeed,
more often than not, one has to look at shades
of gray in considering the various standards
of duty the railroads have to their employees
for their safety, and which of those standards
of duty may have been breached in causing the
employee to be injured.
The standards of duty the railroads have to
their employees are many in number. To name
a few of the many, the railroads must:
- Provide a reasonably safe place to work;
- Exercise reasonable care for the safety of its
employees;
- Furnish reasonably safe tools and equipment,
as well as safety devices;
- Select proper and safe methods to do the work;
- Furnish enough help to get the work done safely;
- Inspect the workplace for safety hazards;
- Adopt and enforce safety rules and practices;
and
- Provide adequate training in work methods and
use of tools and equipment.
Going through these standards of duty looking
for the proverbial “smoking gun”
is not an easy task, since more often than not,
the smoke coming from the gun is only a wisp,
not a cloud. It takes a trained, experienced,
discerning eye to find that “smoking gun.”
In any event, in the presence of negligence,
there is basis for a personal injury claim under
the FELA, providing 1) that the employee was
injured while in the course and scope of his/her
employment; and 2) that the railroad was engaged
in interstate commerce. A few words of clarification
and explanation are in order. Concerning provision
1, for the most part, railroad employees are
covered under The Federal Employers' Liability Act - FELA from the time they enter
railroad property to the time they sign out
and for a reasonable time thereafter. The employee
does not have to be on railroad property, or
actually working, in that, generally, the employee
is protected while at any place off or on railroad
property that he/she has been sent by the railroad.
Concerning provision 2, virtually all of the
duties of employees of railroads that cross
state lines work in the furtherance of interstate
commerce.
With these conditions met, the railroad is
liable to the injured employee for damages,
including loss of past wages, loss of future
earnings, various allowed financial or economic
losses, out-of-pocket medical expenses paid
by the injured worker; and compensation for
pain and suffering. In those cases where the
injury resulted in the death of the worker,
family members may be entitled to compensations
for their financial losses, loss of services
of the deceased, and for any conscious pain
and suffering of the deceased.
Reading to this point, one might think that
a claim under FELA is as easy as 1-2-3: 1) establish
negligence; 2) make sure the injury occurred
in the course of employment; and 3) ensure that
the railroad was engaged in interstate commerce.
Then, just figure the amount of damages and
turn in the claim. Think again!
The Federal Employers' Liability Act is not
a law requiring railroads to compensate railroad
workers for their injuries; rather, it is a
law giving railroad workers the right to sue
for compensation for their injuries. Let's be
clear on that. The law–FELA–entitles
rail workers, if they choose, to go to court
and have a jury decide whether they are entitled
to compensation and, if so, how much. The railroad
does not have
to pay anything to an injured railroad worker until a
jury hears the case in court and decides that
the railroad has to pay and how much it has
to pay. It is that "ultimate threat"
of having a jury decide the claim that motivates
the railroads to pay railroad workers for their
injuries without going to court.
The Hubbell Law Firm prepares each of its cases
with that "ultimate threat" in mind.
That is something we have learned in our more
than 100 years of experience as a FELA law firm representing
injured railroad workers. And that is why we
have a record of success in Federal Employers' Liability Act cases that
stands tall among all lawyers and law firms
that represent injured railroad workers. We
are a firm of trial attorneys. But, because
we are trial attorneys, with a history making
it clear that we are willing and capable to
carry out the "ultimate threat" and
take the case before a jury, we are able to
settle an impressive percentage of our cases
out of court. Our repeat business and referral
business shows that the amounts received by
our clients in settlement, as well as at trial,
are noteworthy.
Railroad Workers Should Take Any Injury Seriously
Injuries occur in the blink of an eye. A normal
day, work as usual, then suddenly, in the blink
of an eye, a railroad worker gets hurt without
warning and through no fault of his or her own.
Thankfully, some injuries are minor, with nothing
more than temporary, short-lived effects. Unfortunately,
many injuries are major, with effects that may
be devastating and life-ruining or life-ending.
Not always is the line between major and minor
injuries clear. Blurring the line is the fact
that an injury first thought to be minor, perhaps
even diagnosed by a doctor as minor, may progress
into a major, career-ending injury. For example,
many a railroader has been injured and diagnosed
first as having a pulled muscle or low back
strain. However, instead of healing as a pulled
muscle or strain should, the symptoms persist
and further tests show an herniated disc which
requires surgery and prevents the injured railroader
from ever going back to work on the railroad.
Further blurring the line, workers who are used
to hard, heavy work with the bumps and strains
common to such work, do not always recognize
when they sustain an injury that is or may be
more than a bump or strain, especially with
the adrenaline rush that follows a traumatic
incident. The message to railroaders is this:
with any injury at work, take the injury seriously,
protect your rights, protect your family, protect
your future.
How to Protect Your Rights When Injured on
the Job:
- See your union. Report the injury immediately
to your local union officers, and get their
help. At the appropriate time, collect all benefits
under union agreements and federal laws.
- See a doctor of your choice.
- See your own lawyer. It is critical to contact
a lawyer experienced in railroad personal injury
cases. The Hubbell Law Firm, and many others,
are available for advice and help at no charge.
- Complete a personal injury report or accident
injury report, if required to do so.
- Do not give a statement to a railroad claim
agent, unless required by book of rules or union
contract. See your local union officers about
any such requirements.
- Protect your job security through your local
union officers.
- Do not participate in a railroad investigation
without union representation.
- Learn your rights. And should you decide to
handle your case on your own, do not accept
the railroad’s advice or decision as to
how much money you are entitled to receive without
the advice of legal counsel experienced in railroad
personal injury cases. As mentioned, the Hubbell
Law Firm, and many others, are available for
advice and help at no charge.
Note: The foregoing suggestions have been made
by various rail labor organizations. For further
information on protecting your rights, please
browse the Firm Library.
FELA Statute of Limitations - A Serious Threat to
Your Right to Sue
Under the Federal Employers’ Liability
Act, railroad employees who are hurt on the
job must comply with the statute of limitations
time period set by the law if they want compensation
under the law. A statute of limitations time
period is that period of time during which legal
action must be initiated by filing the proper
papers in the appropriate court of law as a
lawsuit. Failing to act within the time period
prescribed by law may result in your being barred
from doing so in the future. In other words,
you must file your lawsuit within the time period
set by law, or the right to sue for that particular
claim is, or may be, lost.
The FELA requires that lawsuits be filed within
three (3) years from the date of injury in cases
that involve a traumatic injury, or a single
breach of duty (by the railroad) with an immediately
obvious injury. In cases involving occupational
illnesses, or latent or cumulative injuries
which cannot be discovered immediately, or those
where the injury has an indefinite onset and
progresses over many years unnoticed, the statute
of limitations is three (3) years, which begins
to run when the injured employee knows or has
reason to know that he or she has an injury,
and that the cause of the injury is related
to his or her railroad work. In other words,
the three (3) year statute of limitations in
this latter type of action starts when the injured
employee knew or should have reasonably known
that he or she might have a work-related injury.
Three years is a long time. That can cause
injured railroaders to become complacent and
want to just wait and see how things go, things
like how severe their injuries prove to be,
how long they are off work, how well they get
along once they return to work, or how much
money the claim agent offers. Only when time
is running down on their statute of limitations
do they feel the need to call an attorney. That
could be a costly mistake.
Railroads start the work of defeating claims
within minutes, or at the most, hours after
an employee is hurt. Trained claims agents investigate
the occurrence. They interview witnesses and
officials, and carefully frame statements that
they have the witnesses sign. They photograph
the scene and any equipment that might have
been involved. Frequently, when possible, they
confiscate the equipment for inspection and
testing. In other instances they have inspections
done at the scene. They may have reenactments
of the occurrence, with or without the injured
railroader in attendance. When the investigation
is complete, the claims agent may consult with
railroad attorneys who are familiar with FELA
and important court decisions regarding the Federal Employers' Liability Act,
and who will work with the claim agent to defeat
or, at least, minimize the claim. It is important
to the injured worker that he or she receives
advice from an experienced FELA attorneys as
soon after the injury as possible so there is
a level playing field. Otherwise, the trail
is cold and the climb is uphill, which makes
a successful outcome for the injured railroad worker
a lot more difficult to come by.
One final thought concerning statutes of limitation:
on occasion the railroad is not the only cause
of an injury to a railroader. Sometimes railroaders
are hurt due to a defective product or exposure
to a toxic substance, or hurt in other ways
where someone or some business other than the
railroad may be to blame. On these occasions,
the statute of limitations time period may be
shorter or longer than that of the FELA. Some
time periods against some entities may be measured
in months, not years. It is always best to consult
with an FELA lawyer experienced in personal injury
law and railroad injury law to determine the various statutes of limitation
that may apply to your claim and protect your
rights.
FELA Legal Representation – You want Experience,
You want Expertise
Clearly, FELA is a very unique and very specialized
area of law. If you are an injured railroad
worker, it is important for you to be represented
by an attorney who has experience in handling
FELA cases and who has a record of success in
such cases. The Hubbell Law Firm has a history
with railroad injury cases that dates back over
100 years and with FELA dating back to 1908
when the law was passed. Success? No law firm,
indeed, no business of any kind, survives as
the Hubbell Law Firm has unless the firm or
business has achieved a tremendous level of
success. That should be obvious. But what is
the measure of success? To the attorneys and
staff of the Hubbell Law Firm, success is not
just the amount of money we are able to recover
in damages by settlement or suit for our clients,
success is service to our clients.
Having represented hundreds and hundreds of
injured railroad workers, we know the problems
they face and the concerns they have. That is
where service comes in. We do all that we can
to help our clients with their problems and
concerns, and generally try to make life easier
in what is a difficult, stressful and uncertain
time at best. For instance, we advise and assist
with such things as medical bills and benefits.
We work to ensure that our clients receive adequate
and appropriate medical treatment. And when
our clients are not able to return to work,
we advise and assist in obtaining vocational
rehabilitation or making application for disability
retirement with the U.S. Railroad Retirement
Board or Social Security Administration, as
appropriate. Also, recognizing that questions
arise, as do occasional crises, we know that
clients want reasonable access to the attorney
representing them for answers and assistance.
Our telephones are answered by a person, not
a machine, 24 hours a day, seven days a week.
We give our clients our home and cellular phone
contact numbers for emergency situations.
Should I Hire an Attorney or Handle My Case
on My Own?
One would expect a law firm to say that an
injured worker should hire a lawyer. And while
we do say that for all but minor cases, we do
not ask you to take our word for it. We just
ask that you consider the following.
The United States Supreme Court in 1964 decided
the case of Railroad Trainmen v. Virginia Bar,
377 U.S. 1 (1964). While this case is not relevant
to whether an injured railroader should handle
his own claim, a couple quotations from the
decision by the Supreme Court speak loudly on
the subject:
“Injured workers or their families often
fell prey on the one hand to persuasive claims
adjusters eager to gain a quick and cheap settlement
[377 U.S. 1, 4] for their railroad employers,
or on the other to lawyers either not competent
to try these lawsuits against the able and experienced
railroad counsel or too willing to settle a
case for a quick dollar.”
“Laymen cannot be expected to know how
to protect their rights when dealing with practiced
and carefully counseled adversaries…”
Something else to consider, in an investigation
assessing FELA as an injury compensation system,
it was found that only 20% of injured railroad
workers hired attorneys, 80% did not. The 20%
who did hire an attorney received 70% of the
total money paid out by the railroads in claims,
the 80% who did not hire an attorney received
30% of the money.
That fact in mind, one can understand why the
railroads will try to discourage injured workers
from hiring an attorney. Sometimes the railroads
will even threaten to fire an injured worker
for hiring a lawyer and bringing a claim. Such
threats are without substance. Remember, the
right to hire an attorney and pursue an action
against the railroad is guaranteed by law, the
Federal Employers’ Liability Act. Retaliating
against an employee for employing a lawyer and
pursuing a claim would be, in effect, retaliating
for one’s exercising his or her rights
under the law. The courts do not hold kindly
to that. Stated simply and succinctly, the injured
employee has an absolute right to pursue an
action against the railroad and engage the services
of an attorney in doing so.
The Hubbell Law Firm - FELA is the Cornerstone
of Our Law Practice
If you have been injured while working for
a railroad, or if a loved one has lost his or
her life in a railroad injury, you owe it to
your future to call the Hubbell Law Firm or
another firm experienced in representing injured
railroad workers. The call costs nothing on
our toll-free number, 1-800-821-5257; the consultation
costs nothing. We will interview you by telephone,
or as appropriate, travel to meet with you or
arrange travel for you to meet with us at our
offices in historic Union Station Kansas City.
We will discuss and explore with you the history
and facts of the injury, including what caused
the injury, the nature and severity of the injury,
any past similar injuries, any medical or surgical
treatment, and the ability or inability to work,
along with any other facts or issues necessary
to evaluate the merits of your potential claim
and advise of your rights and how best to proceed.
Again, this is done at no cost. Since we will
talk with you and advise you of your rights
without any charge or obligation whatsoever,
there is no reason for an injured railroad worker
not to call the Hubbell Law Firm.
If in our conversation we feel you have a meritorious
claim and you choose to engage our services,
it is Hubbell Law Firm policy to advance all
expenses for the investigation and prosecution
of the claim. Our fee is what is called a contingency
fee. What that means is that we are paid a percentage
of the settlement amount or jury award if we
win the case for the client. At the conclusion
of the case, the client may be responsible for
costs or expenses advanced by the firm. With
our policy on expenses and fees, any injured
railroader who has a meritorious claim and wants
to, can have quality legal representation, giving
him or her access to the courts, and in turn,
the opportunity to be compensated for his or
her injuries.
FELA is the cornerstone of our practice. We
know FELA; we know railroad work. We represent
injured railroad workers in FELA cases every
day of the workweek, just as we have for decades
and decades. It’s what we do. Contact
us today, The Hubbell Law Firm, 1-800-821-5257
– it’s all about your future.
Note: For more information about
FELA and other issues affecting railroad workers,
including injuries and occupational illnesses,
browse the Firm library,
or contact the Hubbell
Law Firm.
top of page
