Federal Employer's Liability Act (F.E.L.A.)

The Federal Employer's Liability Act (F.E.L.A.) was enacted by Congress in 1908 to provide benefits for railroad workers who sustain injuries in the scope of their employment. Unlike state Worker's Compensation laws which provide benefits on a no-fault basis, F.E.L.A. is based on the principles of fault. To recover damages in this type of claim, the injured worker must establish that the railroad caused or in some way, contributed to the accident. Damages to which an injured worker is entitled to receive under F.E.L.A., are not limited.

There are three basic requirements that an injured railroad worker must establish to recover damages under the Federal Employer's Liability Act:

• The accident must have occurred in the course and scope of the worker's employment with the railroad. The Act does not require that the accident happen on railroad property, as long as the injury occurs in the furtherance of the worker's employment.
• The railroad must be engaged in interstate commerce between two (2) or more states. As a result of several court decisions on this issue, almost all of the duties of railroad workers are interpreted as being in furtherance of interstate commerce, thus satisfying this requirement.
• The railroad must have caused or in some way contributed to the injuries sustained by the worker.