Understanding your rights under FELA is crucial. Even if you contributed to your railroad injury, the legal principle of comparative negligence may still allow you to recover significant compensation from your employer. To learn more about whether you can file a claim if your railroad injury was partly your fault, continue reading and consult with a FELA lawyer today.
What is FELA?
The Federal Employers’ Liability Act (FELA) is an important piece of federal legislation that governs the rights of railroad workers who are injured or killed on the job. Unlike standard state-level workers’ compensation laws, which provide predetermined benefits regardless of fault, FELA is a fault-based system.
Its purpose is to protect railroad employees by allowing them to sue their employer for negligence that contributed, even slightly, to their injury. This means a railroad worker must prove that the carrier’s negligence, such as failure to provide a safe workplace, safe tools, or proper training, was a cause, in whole or in part, of their injury.
FELA acknowledges the inherently dangerous nature of railroad work and was designed to hold employers accountable for maintaining a reasonably safe environment. By establishing a system where liability is determined by negligence, FELA provides injured workers with the potential to recover full and fair compensation for all their damages, including medical expenses, lost wages, pain and suffering, and other losses.
Can I File a FELA Claim if My Railroad Injury Was Partly My Fault?
Yes, you can still file a FELA claim even if your railroad injury was partly your fault. FELA employs a legal doctrine called comparative negligence. This means that even if a railroad employee was partially at fault for their own injury, like by failing to follow a safety rule or being momentarily inattentive, they are still entitled to recover compensation, as long as they can prove the railroad’s negligence also contributed to the injury.
In a FELA claim, the jury or judge determines the total amount of damages and then assigns a percentage of fault to both the railroad and the employee. The employee’s total compensation is then reduced by their percentage of fault. For example, if a jury determines the total damages are $100,000, but finds the employee was 20% at fault, the employee will recover $80,000. As long as the railroad is found even 1% at fault, the employee can still recover for the railroad’s share of the negligence. This means that partial fault does not bar a claim, but simply reduces the final award.
How is Fault Determined in a FELA Claim?
The determination of fault in a FELA claim involves examining evidence such as accident reports, safety records, witness testimony, and regulatory compliance. The court assesses whether the railroad’s negligence contributed to the injury. It also evaluates if any action or inaction by the employee constitutes comparative negligence, ultimately assigning a specific percentage of fault to each party.
