Negligence Standard: Unlike traditional workers’ compensation systems, FELA is a fault-based system. This means that for a railroad worker to recover damages, they must demonstrate that the railroad company, or one of its employees, was negligent in causing their injuries. The injured worker must prove that the employer’s negligence, either in whole or in part, contributed to the accident or injury.

Employer’s Duty: FELA imposes a duty on railroad companies to provide a reasonably safe workplace for their employees. This includes maintaining safe equipment, proper training, and implementing safety measures to prevent accidents and injuries.

Contributory Negligence: FELA follows the principle of comparative negligence. This means that if the injured worker’s own negligence contributed to the accident or injury, the damages they can recover will be reduced in proportion to their level of fault.

Compensation: Under FELA, injured railroad workers can seek compensation for a wide range of damages, including medical expenses, lost wages, pain and suffering, and disability or impairment. Unlike workers’ compensation, FELA allows for full compensation rather than a predetermined schedule of benefits.

FELA has a three-year statute of limitations, meaning that an injured railroad worker has three years from the date of the accident or injury to file a lawsuit under FELA.

Whistleblower Protection: The FRSA prohibits railroad carriers and their contractors from retaliating against employees who report safety violations, hazards, or concerns to their employer, the Federal Railroad Administration (FRA), or other appropriate authorities.

Protected Activities: The FRSA protects employees who engage in various safety-related activities, such as reporting safety hazards, accidents, injuries, or potential violations of federal railroad safety laws and regulations.

Reporting Procedure: The FRSA establishes a specific process for employees to report safety concerns to the appropriate authorities. Employees must report the issue internally to their employer first. If the employer fails to take appropriate action within a certain time frame or if the employee believes that reporting internally would be futile, they may then report the concern to the FRA or other relevant agencies.

Remedies for Retaliation: If an employee suffers retaliation for engaging in protected activities under the FRSA, they may file a complaint with the Occupational Safety and Health Administration (OSHA). OSHA has the authority to investigate the complaint and, if retaliation is found, may order remedies such as reinstatement, back pay, compensatory damages, and attorney’s fees.

Statute of Limitations: Employees who believe they have experienced retaliation under the FRSA must file a complaint with OSHA within 180 days from the date of the alleged retaliation.