Federal Employers Liability Act (FELA)
The Federal Employers' Liability Act (FELA) was passed by the government in 1908 during the railroad boom to protect injured railroad workers. It gives freight and passenger railroad workers including engineers, conductors, brakemen, switchmen, yardmasters, and other railroad employees the right to sue for on-the-job injuries in state or federal courts.
FELA Differs from Worker's Comp
FELA differs from state worker's compensation laws because damages are based on your individual loss, including current and future lost wages, pain and suffering and loss of enjoyment of life. FELA requires that employee-victims of train accidents prove that negligence on the part of the railroad company contributed to their injury.
FELA Claims
Railroad industry jobs typically require physical outdoor work in a potentially dangerous environment. Railroad employees are exposed to various safety hazards and are required to wear protective equipment. Most work of their work is done outdoors, year around. Because railroads operate around the clock seven days a week, working conditions for employees commonly include inclement weather, unusual shifts, and mandatory overtime. Frequent travel away from home is also usually required. While each case determines FELA claim eligibility, the following rail road workers are generally eligible to file under the Federal Employers Liability Act:
Roadmaster
The Roadmaster is responsible for all track maintenance, construction, and snow removal for the entire system. The Roadmaster is also responsible for all heavy equipment operators and heavy equipment mechanics.
Trainmaster
The Trainmaster oversees the safe operation of the train and supervises the Train Crew.
Yardmaster
The Yardmaster oversees switching and yard operations where trains are prepared for their next service, and he also schedules maintenance. The Yardmaster is responsible for decisions regarding the movement of railroad equipment within yard limits.
Conductor
The conductor supervises the switching, loading and unloading, and breaking or making up of trains. The conductor travels with the train on its assigned route, and inspects all equipment on cars prior to departures. The conductor assists and instructs crews to couple and uncouple cars, throw switches, and make minor repairs to rail cars, including replacing heavy couplings or air brake hoses. The conductor must ensure that all train orders, signals, and railroad rules and regulations are complied with. The conductor also prepares required reports, such as train bulletins, switch lists, time slips, and delay and accident reports.
Engineer
The engineer is responsible for operating the train, using a throttle and braking system to move it forward and back. The engineer is responsible for staying within speed limits, for the careful handling of rolling stock, and for the safe operation of the train.
Brakeman
The brakeman is responsible for all movements and safe handling of the train. The brakeman assists the conductor by throwing switches, hooking the train cars together, and ensuring the safety of the train, passengers, and freight.
Fireman
The fireman monitors controls and assists the engineer, operating the train when the engineer needs a break.
Locomotive Mechanic
The locomotive mechanic inspects and repairs locomotives and rail cars. Mechanics inspect, service, and perform minor repairs to locomotives in use in the field.
Carmen
The Carmen inspects and repairs rail cars in yards or in shops.
Signal Maintainer
The signal maintainer maintains track signaling systems, radios, and telephone systems needed to safely control train movement, including hot box detectors, dragging equipment detectors, and railroading crossings.
Switchman
The switchman attends the switch in a railroad yard, switching trains from one track to another.
FELA Lawyers
FELA cases are highly specialized, and they often require legal representation that is extremely experienced in this area of law in order to increase your chances of receiving the maximum awards. If you or someone close to you is involved in a railroad accident, contact our FELA lawyers today. We represent railroad workers as well as members of the public who are injured at railroad crossings, in rail yards, and elsewhere. Our firm strongly believes that railroad companies are obligated to implement safety precautions at crossings. It is also necessary that railroad companies implement safety training for railroad employees and to provide safe working conditions. Get a free legal consultation by calling our railroad accident lawyers at 1-800-875-5972 or by filling out the form at the right.
- Read US CODE: Title 45,51 - Federal Employers Liability Act as provided by the Legal Information Institute at Cornell Law School.
- See also: Answers.com summary of FELA law
