This article will cover the basics of the Federal Employers Liability Act, known as FELA, which helps railroad workers recover after injury,
The Federal Employees Liability Act is an American law which protects railroad workers and compensates them for workplace-related injuries.
Why does FELA exist?
In 1908, due to the rapid development of our country’s railroad infrastructure during the late 19th and early 20th centuries, Congress passed the Federal Employers Liability Act, or FELA, to protect the nation’s many railroad workers. FELA provided and still provides a basis for legal claims for railroad workers.
FELA continues to provide a federal-level of legal recovery for railroad workers injured on the job, and at times even assists their families. In fact, FELA provides recovery for nearly any injury suffered by a railroad employee as a result of employer negligence. FELA benefits the railroad industry through safer working conditions, structured safety protocols and compensation for injuries.
Requirements for a FELA lawsuit
To bring a claim under FELA, a railroad worker must prove negligence on the part of the defendant—frequently a railroad employer or an equipment manufacturer. A FELA claimant must prove that the defendant failed to provide a railroad worker with a reasonably safe location and reasonably safe conditions in which to work, and that the unsafe work environment contributed to the plaintiff’s injury.
Under FELA, a railroad worker must prove the defendant’s violation of FELA standards. In general, these standards require the defendant railroad to:
- Provide a safe work environment
- Provide safe tools, safety devices and equipment
- Inspect the work environment, and tools, frequently
- Remove any workplace hazards
- Provide in-depth training, assistance and supervision for employees
- Enforce any safety rules and regulations
- Prevent unreasonable work quotas
Pre-settlement funding can provide financial relief
While FELA protects railroad workers who have been injured, these claims can take a long time. Many FELA plaintiffs turn to a legal funding company for litigation financing to help pay regular bills and living expenses while pursuing their case. Lawsuit funding companies help plaintiffs by protecting them financially as they seek the resolution of their claims.
Every case is different. A pre-settlement funding company may be able to offer the financial support you need during your FELA lawsuit. If you are involved in a FELA lawsuit, LawCash litigation funding may help. For more information, call 1(800) LAW-CASH, that’s 1(800) 529-2274 or apply for litigation financing online.
External FELA resources
Wikipedia’s general overview of FELA
A basic summary of the aspects of a FELA lawsuit from FindLaw.com
The steps necessary to engage successfully in a FELA lawsuit From the Law Offices of Martin E. Jackson