Federal Employers' Liability Act (FELA)

FELA stands for the Federal Employers' Liability Act, which was
originally enacted in 1906. However, shortly after the passage of FELA,
the United States Supreme Court declared it unconstitutional. Congress
re-passed the legislation two years later, and it remains in effect
today. The act was written as a response to an escalating number of
deaths reported in the railroad industry. From the late 1800s through
the first two decades of the 1900s, the United States witnessed an
exponential increase of railroads. With this expansion, the push for
quick construction slowly outgrew the concern for worker safety,
resulting in an alarming number of work-related deaths. President
Benjamin Harrison gave attention to this concern when he addressed
Congress in 1889, calling for legislation that would mitigate the
railroad workers' exposure to serious risks. Henry D. Flood, a member of
the United States House of Representatives, spearheaded the efforts for
legislation, basing the act on similar legislation passed by individual
states.

FELA ensures railroad workers are covered by regular workers’
compensation laws, giving the worker the right to sue his employer over
work-related injuries. The act also provides workers with monetary
recompense for pain and suffering, similar to workers’ compensation, but
based on comparative negligence as decided by a jury, rather than a
previously set amount. The law requires workers to prove that the
negligence of their employers led to their injury, after which point the
worker is fully compensated. Over 25 bills have been introduced in
Congress to replace FELA with workers’ compensation since the act was
passed, but Congress has consistently upheld FELA.

In practice, FELA puts pressure on railroad companies and interstate
railroad carriers to maintain a safe workplace with properly
functioning tools and equipment. The attorneys at Gordon, Elias &
Seely, L.L.P. work with railroad employees of all crafts from CSX, Union
Pacific, BNSF, Norfolk Southern, AMTRAK and others to ensure they
receive full deserved compensation for their injuries.