FELA Claims 

“Every common carrier by railroad while engaging in commerce between any of the several States . . . shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce . . . 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.”

Federal Employer’s Liability Act (FELA), 45 U.S.C. §§ 51-60

What is the FELA?

The Federal Employers’ Liability Act (FELA) is a federal law that applies to injured railroad workers, who are not covered under state workers’ compensation systems.  The FELA was initially adopted by Congress in 1908 when the expansion of the country’s railroad system changed the needs of its employees.  At that time it was apparent that railroad workers needed to be protected because the hazardous work they performed under dangerous circumstances and the little, if any, their employers did to keep them safe.

In order to recover under the FELA, a railroad worker must show; (1) that an injury occurred while the employee was working within the scope of his/her employment; (2) that the employment was in furtherance of the railroad’s interstate transportation business; (3) that the employer railroad was negligent; and (4) that the employer’s negligence played some part in causing the injury. Sinkler v. Mo. Pac. R.R. Co. (1958), 356 U.S. 326, 330.

How Can Shapero | Roloff Help?

 We have significant experience litigating FELA claims for railroad workers.  For over 20 years, our lawyers have handled these cases throughout the Midwest and Northeast quarter of the United States against railroad companies such as CSX, Conrail, Norfolk and Western, Norfolk and Southern, and Burlington Northern.  We know railroad law, and our skills in advocating for the injured make us a competitor in the FELA arena.

If you have a question about an injury that occurred while you were a railroad employee please contact us, we would be happy to speak with you.