The Essential Elements of FELA

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Essential elements are:
a. a railroad;
b. an injury to the employee while in the course and scope of employment;
c. negligence by the railroad or any of its employees or agents; and
d. the negligence must have been one of the causes of the injury.

Negligence is the failure to act as a reasonably careful person would act under the circumstances. The railroad is responsible for the negligence of all of its employees and agents.

IF THE RAILROAD, ITS EMPLOYEES OR AGENTS, ARE NOT NEGLIGENT THEN THE EMPLOYEE IS NOT ENTITLED TO ANYTHING FOR THE INJURY EVEN THOUGH HE/SHE IS HURT AT WORK.

TO ESTABLISH A CLAIM FOR AN INJURY EACH ELEMENT OF THE F.E.L.A. MUST BE PROVEN

EVIDENCE is required to establish each element of a F.E.L.A. claim. If evidence does not exist for EVEN ONE element then a claim will not exist. The type of evidence required is the same that a court would require. For this reason, it is critical for every injury that evidence be obtained and saved.

ONLY IF PROOF EXISTS OF EACH ELEMENT OF THE F.E.L.A. IS AN INJURED EMPLOYEE ENTITLED TO DAMAGES

Damages include:
a. Past and future lost wages and benefits;
b. Past and future pain and suffering;
c. Past and future, reasonable and necessary, medical expenses; and
d. Any other reasonable and necessary expense incurred as a direct result of the injury.

DAMAGES ARE REDUCED IF THE EMPLOYEE WAS NEGLIGENT

The railroad only has to pay for its portion of fault. If an injured employee is partly at fault for his/her injury, the amount the employee would be entitled to for the injury is reduced. The amount of the reduction is made by COMPARING THE NEGLIGENCE of the railroad and the employee. For example, if the employee was 10% at fault, the railroad would be 90% at fault. The railroad would only be required to pay 90% of the claim.

IF THE RAILROAD VIOLATES A SAFETY LAW THEN IT MAY BE ABSOLUTELY RESPONSIBLE

Several safety laws exist to protect railroad employees. If the railroad violates one of those laws and that violation causes an injury the railroad is absolutely responsible for 100% of the injury. There is NO COMPARATIVE NEGLIGENCE.

HOWEVER, the railroad NEVER admits it violated any law, so, evidence must be gathered to prove the law was violated AND that the violation of the law was the cause of the injury.