Railroad Worker Injury:

Implications of Comparative Negligence

The FELA statutory scheme allows many protections to an injured railroad worker. Fault in FELA claims is usually easier to establish than in most other lawsuits. The main defense to a defendant in a FELA claim is a worker’s comparative negligence. By using this defense, the railroad company will aim to show that the worker’s negligence caused or contributed to their injuries.

After all arguments in a FELA case are heard, the jury will determine who should be held responsible for the railroad worker’s injury. The jury will usually try to assign a percentage of fault to each party involved and this percentage will correspond to the damages awarded to the injured worker.