Federal Employees Liability Act

The Federal Employees Liability Act (FELA), passed in 1908, was a response to a significant social problem of the time. In the earliest decades of the 20th century, railroads expanded across the country, and countless new workers were going to work in the construction of these new rail lines. The FELA is designed to protect those railroad workers injured on the job.

It has been challenged over two dozen times since its inception in 1908, but in each case Congress has upheld the FELA and has not allowed changes. Opponents want to change the law to include railroad injuries in regular workers’ compensation legislation and frameworks.

The FELA is distinct from workers’ compensation because it allows the injured worker to sue the railroad company if they are injured on the job. The difference, though, is that they have to prove that the company was at least partially negligent, and that this contributed somehow to their injury. Payouts are determined on a case-by-case basis, unlike most workers’ compensation claims (which usually have a set amount based on the injury or the loss of wages).

It is important to understand the distinction between FELA and workers’ compensation guidelines. They can lead to a very different result in case resolution.

Contact Us

For more information about railroads or workers’ compensation law, contact the Pennsylvania workers’ compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-329-3511.