The Different Standards Applicable to FELA Cases

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FELA, or the Federal Employers Liability Act, is a U.S. federal law compensating railroad workers who are injured on the job. FELA cases are filed by railroad workers injured or killed on the job and seek compensation under FELA laws. These cases can involve different injuries, from minor cuts and bruises to more severe injuries, such as broken bones and traumatic brain and spinal cord injuries.

FELA cases can be complex and require the help of a FELA attorney experienced in handling these types of cases. If you are a railroad worker injured on the job, you should contact a FELA attorney who can help you understand your rights and guide you through the legal process of seeking compensation.

The different standards that apply to FELA cases are as follows:

Negligence Standard

In a FELA case, the injured railroad employee must establish four elements of negligence. These elements are as follows:

• Duty: The railroad worker must prove the defendant owed a duty of care to the plaintiff. The railroad company has to provide its employees with a reasonably safe working environment.
• Breach: The railroad employee must show the defendant breached this duty of care. They should demonstrate that the railroad company failed to maintain a safe working environment or take reasonable steps to prevent injuries.
• Causation: The railroad worker should prove the railroad company’s breach of duty caused their injuries. In a FELA case, the employee must illustrate how the railroad company’s negligence was a substantial factor in causing their injuries.
• Damages: The railroad employee must show how they suffered damages due to the company’s breach of duty. In this case, they may seek compensation for lost wages, pain, medical expenses, suffering, and other damages resulting from the injury.

Injured railroad workers need to work with a railroad injury attorney to help them establish the elements of negligence and seek the compensation they deserve under FELA.

Comparative Negligence Standard

The comparative negligence standard is another crucial aspect of FELA cases. Under this standard, the court will reduce the plaintiff’s damages in proportion to their degree of fault. For example, if a railroad worker was injured while operating a machine but failed to – 

• Follow the safety instructions
• Wear the proper safety equipment
• Fail to pay attention
• Ignored warning signs

A court may find the worker was partially at fault for their injuries. In this case, the court can reduce the damage the worker can recover under FELA in proportion to the worker’s degree of fault. 

The comparative negligence standard in FELA cases differs from the strict liability standard that applies to other personal injury cases. Under strict liability, the defendant is held strictly liable for harm caused by their actions, regardless of the plaintiff’s conduct or negligence. However, under FELA, the plaintiff’s negligence can be considered when determining the damages they can recover.

No-fault Standard

Under this standard, the plaintiff must not prove the railroad company intended to cause their injuries. Instead, the plaintiff only needs to show the railroad company’s negligence contributed to their injuries. 

This standard differs from other personal injury cases, such as intentional torts, where the plaintiff must prove the defendant intended to cause harm. Under FELA, the plaintiff does not have to prove intent, only negligence. 

FELA protects injured railroad workers without requiring them to prove the railroad company intended to cause their injuries. 

Liberal Construction Standard

The liberal construction standard is intended to protect injured railroad workers legally. Also, to ensure they are not unfairly denied the benefits and protections provided by FELA. This standard recognizes that railroad work can be risky. Employers should provide injured workers with broad protections and compensation under FELA. The liberal construction standard also intends to prevent railroad companies from taking advantage of technicalities or legal loopholes to avoid their obligations under FELA.

Cahill & Perry, P.C. has been representing injured railroad workers in FELA cases for years. Our attorneys have extensive experience handling FELA cases and are committed to fighting for the rights of injured workers. If you have been injured on a railroad job, we encourage you to contact us for a consultation with a qualified railroad attorney and to learn more about your legal options.