The Federal Employers' Liability Act




What is the FELA?

The Federal Employers' Liability Act (FELA) is a Federal Law enacted by Congress in 1908. The purpose of the Act was to provide injured railroad workers with an effective means of recovering damages from negligent railroad companies. Prior to the FELA, railroads were highly successful in defeating the claims of injured workers. Employee safety was routinely ignored by the 19th century railroad owners, and the statistics concerning deaths and injuries were shocking. In 1889, for example, it was reported that the chances of a brakeman dying from natural causes were one in five.

Early in the 20th century, reform-minded congressmen recognized that railroading was ultra-hazardous. They realized that railroaders worked long hours around heavy and dangerous equipment, that rail yards were dark and noisy, and that employee safety would never be promoted without federal intervention. As a result, the FELA, the Locomotive Boiler Inspection Act (BIA), and the Safety Appliance Act were born.

Recent sessions of Congress have seen a determined effort on the part of rail carriers to eliminate this effective means of recovery for injured rail workers and replace it with a compensation system more favorable to the carrier. Our firm has been extremely active on issues involving Rail Labor and legislative issues directed toward the preservation of the Federal Employers' Liability Act. John P. Kujawski was co-founder of the Academy of Rail Labor Attorneys. We have devoted much time, effort and energy in working on joint labor-attorney issues in Washington, D.C. and have been very active in other lobbying efforts. We feel that our firm has contributed significantly in the fight to retain the Federal Employers' Liability Act and all issues involving Rail Labor in which we were asked to participate. We will continue the fight to preserve this important right for all railroad workers.



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How Does FELA Differ from Workers' Compensation?

State workers' compensation laws do not apply to the rail industry. When the FELA was created, such laws did not exist. Since the Federal Government acted to protect rail workers with FELA, that law pre-empts state workers' compensation laws from applying to rail workers. Based upon a 1989 study of the U.S. Chamber of Commerce, the compensation for pain, suffering, disability and disfigurement experienced by an employee who suffers the amputation of an arm ranges from $8,311.00 in Wyoming to a maximum of $209,352.00 in Connecticut under state workers' compensation laws. There are no such limits which apply to FELA. FELA provides to railroad workers and their families extremely valuable protection and compensation. Should an injury occur, take steps to protect you and your family's rights immediately. The railroad will begin taking steps to protect its rights without delay; often while the injured employee is still hospitalized and receiving medical treatment.

This Act enables an employee to recover damages for an injury that is caused by the railroad's negligence. The burden is on the employee to prove that the company was at fault. However, the U.S. Supreme Court has stated that if the railroad's negligence, however slight, contributed to the employee's injury or death, the railroad is liable for the resulting damages.

If the employee is partially at fault for his own injury, the total amount of damages awarded can be reduced. For example, if a jury finds that an injured worker's damages total $100,000.00, but it also determines that he was one-third to blame for his injury, the employee would collect $66,666.00, or 66% of his damages. However, it is important to remember than an employee's contributory negligence cannot totally defeat his claim under the ACT unless it is the "sole" cause of the injuries.



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What are the Safety Acts?

The SAFETY ACTS, commonly called THE BOILER INSPECTION ACT and SAFETY APPLIANCE ACT, provide recovery under a more broad range of situations than does the FELA. Where a worker is injured due to the violation of a SAFETY ACT, the carrier is subjected to "strict liability". Simply stated, strict liability means that the carrier's negligence and the employee's contributory negligence are unimportant. The carrier is held accountable for the employee's injury. In order to be compensated, the employee must simply prove that his injury was caused by a defect in a Safety Appliance or Locomotive Component. There are numerous Safety Appliances and Locomotive Components which give rise to strict liability on the part of the carrier. Our law firm should be contacted to discuss the specifics of any accident to determine whether one or more of the Safety Acts are applicable.


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What Damages are an Injured Employee Entitled to?

If an employee is injured or killed because of the railroad's negligence or violation of the Safety Acts, the employee or his surviving family members can recover a sum of money as "DAMAGES". There are a number of elements for which a jury can award money damages:

A. THE NATURE, EXTENT & DURATION OF THE INJURY
  The amount of compensation awarded will be based upon the type of injury sustained, the severity of the injury and whether it is permanent in nature.
 
B. THE DISABILITY & DISFIGUREMENT INVOLVED
  The railroad is required to pay for any disability or disfigurement that an employee suffers as a result of an injury. There are various degrees of disability. Damages may be awarded for injuries that are only partially or temporarily disabling. Disfigurement means scarring or even the loss of a limb.
 
C. PAIN AND SUFFERING, BOTH PAST AND FUTURE
  This is the most crucial element of damages in many cases. Often an injury that is not as "dramatic" or "graphic" as, for example, the loss of a leg, can actually result in incredible pain and suffering. This element is also the most difficult to prove - no one can really know how much pain an injury produces except the person suffering from it. If a physician indicates that the employee will permanently suffer from pain, then he is entitled to additional money to compensate him for that future pain and suffering.
 
D. AGGRAVATION OF A PRE-EXISTING CONDITION
  Many times an employee will injure a part of his body that he had hurt in the past. Repeated back injuries, for instance, are very common on the railroad. Often, the claim agent will try to convince the employee that he cannot recover from the company if the injury involved a "pre-existing condition". This is not true. If the new railroad-related injury aggravated or made the pre-existing condition worse, the employee is still entitled to compensation for that aggravation.
 
E. LOST WAGES, PAST AND FUTURE
  If an injury forces an employee to miss work, he is entitled to the wages he lost up until his return to duty. He will be entitled to his future lost wages if the injury prevents him from returning to work. Future lost wages are based upon present cash value, cost of living adjustments, insurance and health benefits, income taxes and other complex factors. FELA attorneys know qualified economists who can accurately determine the value of future lost wages and benefits.
 
F. IMPAIRMENT OF EARNING CAPACITY
  This is different from lost wages. Simply stated, lost earning capacity is the loss of the ability to perform certain jobs due to physical impairment.
 
G. MEDICAL EXPENSES
  Under FELA, the railroad is responsible for paying all medical expenses incurred as the result of an injury. If the employee will continue to need medical care in the future, the railroad owes the value of those future medical costs.



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What Occurs When an Employee is Killed on Duty?

If an employee is killed at work, the surviving spouse, children and next of kin are entitled to recover their damages from the company. These damages include:
 
1. Pain and suffering experienced before death by the employee.
 
2. Medical expenses.
 
3. The value of money, benefits, goods and services that the deceased would have contributed to his survivors during his working lifetime.



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Are Illnesses Covered Under FELA?

Yes, certain illnesses caused by exposure to dangerous and hazardous working conditions resulting from carrier negligence are covered under the FELA. Many of these illnesses and diseases are not detected until many years after the initial exposure to the hazard. The following examples of illnesses have been caused by a railroad's negligence in failing to provide a safe work environment.
 
1. Hearing loss caused by exposures to excessive noise levels while on duty.
 
2. Toxic poisoning from hazardous wastes and chemical exposures while on duty.
 
3. Heart attacks brought on through stressful working conditions.
 
4. Frostbite that occurs from exposure to extremely cold workplace conditions.
 
5. Respiratory disease from the inhalation of toxic fumes or from inhaling fibers or particles, such as asbestos.
 
6. Skin conditions, such as rashes from the exposure to chemicals, such as diesel fuel, solvents and cleaning compounds used in car and locomotive shops or creosote.


There are other illnesses and diseases which are compensable. This should be investigated and discussed with your FELA attorney.


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What About Off Property Injuries?

Under certain circumstances, an employee can recover damages from the railroad even though the injury occurs away from company property. Common examples can include: trainmen switching at an industrial plant; a train crew injured while deadheading either by rail, land or air; injuries on the premises of carrier-provided lodging; and employees injured while en route to perform repair service at an outlying point (carmen in wheel trucks, signalmen out to repair circuits, mechanics or electricians out to check engines).

The FELA creates a duty on the carrier to provide its employees with a reasonably safe place in which to perform their work. This duty is extremely broad and is non-delegable. This means that regardless of where the injury occurs, the carrier is responsible if it occurs due to negligence of one of its employees or "agents", or due to a violation of a Safety Act. From the examples listed above, "agents" of a carrier include the hotel or motel which the carrier pays to house its employees and the van company or taxi cab company the carrier hires to transport its employees. If the hotel/motel is negligent in maintaining its property and an injury results, the carrier is responsible. Likewise, if the van company or taxi cab company is negligent in maintaining their vehicles, or if their driver is negligent in operating the vehicle and an injury occurs to a rail worker, the railroad is responsible.


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The Statute of Limitations

The general rule is that an employee must file his claim in court within three (3) years of the date of the injury. If the injury is caused by exposure to noise or chemicals, the employee has three years from the date he discovers or should have discovered, or is advised of his injury or illness and becomes aware of its cause. Remember, the Statute of Limitations is extremely important in that a claim against the railroad can be lost if a lawsuit is not filed within the limitations period.


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Some Practical Points to Remember

1. Seek medical attention immediately to document the injury and evaluate the damage and extent of the injury and pain you are experiencing.

It is important to have a record of the occurrence or the injury and that a physician evaluate your medical complaint following the accident or injury. Medical attention should not be delayed.
 
2. Immediately report the injury to a company supervisor, foreman, trainmaster, or dispatcher.

It is important to have a record that an injury occurred and was officially reported as required by the rules soon after the accident. Failure to comply with these rules in reporting an injury may result in disciplinary actions by the carrier. Never admit to being at fault in any way when reporting the injury. Fill out the injury form completely and accurately. Statements made in these forms can be used against you by the railroad to damage your case. Remember that the company official with whom you speak will be called to testify as a witness against you. Keep a copy of this report for your records. Do not sign forms you do not fill out because the supervisor has authority to also fill out these forms on your behalf.
 
3. Contact an attorney before giving a statement.

The claim agent of the railroad is not your friend. He or she is paid to save the company money that it rightfully owes the injured worker. The claim agent will insist upon taking a statement, direct the employee to company doctors for evaluation and treatment, and will do his best to discourage the employee from consulting with an FELA attorney. The claim agent is trained to ask questions in such a manner that distorts the actual cause of the injury and makes it appear to be the result of the injured employee's actions. A favorite tactic is to offer wage continuation or advances while the employee is off injured. If an employee accepts an advance and signs a general release to get the money, he may have actually signed away his claim against the railroad. The claim agent advances money to the injured employee to keep him under his control and to prevent the worker from adequately protecting his rights by consulting with an FELA attorney. However, should you accept an advance, you are not obligated to settle with the claim agent or accept what he offers. You are still free to consult with an FELA attorney.

Remember, the railroad employs claim agents, attorneys, investigators, and doctors to defeat or minimize injury claims. Railroad workers are at a disadvantage when dealing individually with the railroad. It is important to consult with an FELA attorney. Remember, contact Kujawski & Associates, P.C. at 1-800-624-4571 when an injury occurs.
 
4. Keep Complete and Accurate Records.

Keep a detailed chronology of the injury and treatment, listing names and addresses of all doctors, hospitals, and clinics, as well as all witnesses to your injury. Additionally, keep tract of all lost time, and estimated lost wages.
 
5. Hire an experienced FELA attorney to protect your rights.

It is highly important to hire or at least consult with an attorney who is experienced in handling FELA claims of injured workers. Statistics from the early 1990's indicate that of all the injured railroad workers, only 15% were represented by attorneys, but those 15% were awarded 85% of the total compensation paid by the railroads to injured railroad workers. Obviously, the claim agent does save the railroad large amounts of money by keeping injured railroad workers away from FELA attorneys. Kujawski & Associates, P.C. has a proven record in FELA injuries.


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Kujawski & Associates, P.C.
1331 Park Plaza Drive, Suite 2
O'Fallon, Illinois 62269-1764
Phone 618/622-3600 · Fax 618/622-3700
Toll Free (800) 624-4571