Over a hundred years ago, railroad safety issues were being hotly debated by our Congressional leaders. Railroads were expanding at an amazing rate and the demand for shipping raw materials to manufacturers and finished goods to consumers was at its height. At the center of the controversy was the obvious need for protecting the rights of injured, disabled or killed American rail workers. By establishing guidelines for proving liability for an employee's injuries, it was believed that big railroad companies would be more motivated to provide a safer workplace. In 1908, Congress passed a second version of the Federal Employers Liability Act (FELA) that was upheld by the U.S. Supreme Court.

Unlike Workers' Compensation Laws, the new federal act was not intended to be an immediate award following a rail worker's accident. Instead, FELA established the legal platform where an injured party could prove that their injuries (at least in part) were the result of negligence on the part of a railroad company. Under FELA, juries are responsible for establishing financial settlements for certain damages based on comparative negligence rather than payments being made in accordance with a schedule for pre-determined benefits. However, once the railroad negligence has been proven, the injured rail worker is entitled to full compensation which is often a much larger payout.

It is rare when legislation stands the tests of time for more than a century. But.. to this day, Congress has refused to replace the terms and conditions as determined by this powerful act. If you are a loved one have suffered damages due to a rail accident, it is important to seek legal counsel as soon as possible following the incidence. Compensation for your losses is not immediate and your case may involve complex liability laws that require the assistance of a personal injury law firm that specializes in investigating, documenting and presenting railroad accident claims.