The Federal Employer’s Liability Act is a federal law that provides for benefits to workers’ who are injured on or around trains engaged in interstate commerce. This is an oversimplification and there are many rules and exceptions that apply to F.E.L.A. coverage.

You should consult with a lawyer about F.E.L.A. coverage if you believe that your injury may be covered. Unlike workers’ compensation, workers’ may be entitled to sue for damages if their injuries were caused by the employer’s negligence. Also unlike workers’ compensation, there is no limit on the amount of damages that can be recovered.

Below is an excerpt of the F.E.L.A. Act:

Federal Employees Liability Act (F.E.L.A.)
45 USCS § 51 (2002)

§ 51. Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; definition of employees

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this Act be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this Act and of an Act entitled “An Act relating to the liability of common carriers by railroad to their employees in certain cases” (approved April 22, 1908) [45 USCS § 51 et seq.] as the same has been or may hereafter be amended.

Because of the potential for a large settlement under the F.E.L.A. workers’ should consult with a lawyer if their injuries occurred on or around a train or train track. The Ogletree Abbott Law Firm is available to consult with you in this very important matter. Call us today at 1-(800)- 779-4950. Or, if you prefer, email us at info@OgletreeAbbott.com or complete the online evaluation and we will contact you right away. Call today to let us help determine your F.E.L.A benefits.