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  • Writer's pictureAllie Marsh

History of the Federal Employers’ Liability Act (FELA)

Updated: Apr 4, 2023

The Federal Employers’ Liability Act (FELA) is a United States federal law that provides railroad workers with a cause of action against their employer to seek monetary damages as compensation for their injuries. A FELA plaintiff has the burden of proof to show that one's employer was negligent in causing or contributing to the plaintiff’s injury.


The FELA statute is one of the most deferential statutes enacted to the benefit of an injured worker. The “featherweight” causation standard means that under FELA, a railroad worker only needs to prove that the railroad's negligence, no matter how slight, contributed to his or her injuries. Moreover, FELA is a pure comparative fault statute. Meaning, the railroad is still responsible for your injuries even if it is only 1% at fault.


The Federal Employers' Liability Act (FELA) was enacted by Congress in 1908. The act was intended to protect railroad workers from being injured on the job and ensure that their employers were held responsible for any injuries that resulted from unsafe working conditions or equipment.


FELA provides employees with a cause of action against their employer for an injury suffered on the job. This statute allows for monetary damages or compensation for injuries suffered at work. This includes damages for pain and suffering, mental anguish, loss of wages, physical impairment, disfigurement, and loss of household services.


The major difference between state and federal workers’ compensation laws and FELA is that a FELA plaintiff has a lower burden of proof to show that his employer was negligent in causing or contributing to the plaintiff’s injury.


This is a lower standard of proof than traditional common law negligence cases. It is easier for a FELA plaintiff to win their lawsuit because they only have to show negligence on part of the railroad company rather than proving causation.



It's very important that you contact an attorney when you have been injured in a railroad accident and have suffered injuries due to the negligence of your employer.


You may be entitled to compensation for your injuries, and the railroad company will want to settle your case quickly. An attorney can help you take control of your case, so it doesn't get settled before it should. A qualified attorney will also advise you not to give any statements or sign any documents until they have had a chance to review them with you and explain their significance in relation to your claim against the railroad company.


Contact Ryan Pigg for a free consultation concerning your railroad injury. Ryan Pigg has represented hundreds of railroad workers and helped them recover millions of dollars against Union Pacific and other railroads for injuries suffered on the job.



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