The first federal workers compensation law is the Federal Employers' Liability Act (FELA) of 1908, which established a no-fault system for compensating railroad workers injured on the job. Unlike state workers compensation programs, FELA is a federal law that allows railroad employees to sue their employers for negligence. The following explains what FELA covers, how it differs from state systems, and its lasting impact on workers compensation law.
More from this site
Keep reading the latest coverage
Key Facts at a Glance
| Attribute | Verified Detail | Source Type |
|---|---|---|
| Law Name | Federal Employers' Liability Act (FELA) | Federal statute |
| Enactment Year | 1908 | Congressional record |
| Primary Coverage | Railroad employees engaged in interstate commerce | Statutory text and case law |
| Basis of Recovery | Proof of employer negligence or violation of safety statutes | FELA judicial interpretations |
| Key Difference from State WC | Allows tort lawsuits against employer; no exclusive remedy | Supreme Court rulings |
Background and Enactment
Before FELA, railroad workers had limited legal recourse and relied on common-law negligence suits, which often failed because of strict contributory negligence and assumption of risk doctrines. In the early 1900s, labor advocacy and growing recognition of railroad hazards led to calls for a dedicated federal remedy. Enacted in 1908, FELA responded to this need by providing a streamlined path for railroad workers to obtain compensation while preserving the right to sue for greater damages when employer negligence was evident.
How FELA Works
Coverage and Eligibility
FELA covers employees engaged in interstate commerce who work for railroads. Eligibility hinges on demonstrating that the employer, coworker, or equipment was at least partly negligent and that this negligence contributed to the injury. The law requires railroads to provide a safe workplace, and violations of federal safety statutes can support a FELA claim.
Claims Process and Remedies
Under FELA, injured workers must file a claim and, if necessary, a lawsuit in federal court. They must prove negligence by a preponderance of the evidence. Remedies can include past and future lost wages, medical expenses, pain and suffering, and compensation for reduced earning capacity. Because FELA is not a no-fault system, workers do not receive automatic benefits as they do under state workers compensation.
Comparison to State Workers Compensation Systems
Most workers compensation systems operate on a no-fault basis, where employees receive prompt benefits regardless of fault in exchange for limited remedies. FELA, by contrast, is fault-based and permits tort litigation, potentially resulting in larger awards. FELA also imposes specific duties on railroads, such as adhering to federal safety regulations, which can strengthen a worker's claim if violations are found.
Legacy and Modern Relevance
Although FELA was the first federal workers compensation law, it applies only to railroad workers and has not been replaced by a broader federal workers compensation program for other industries. Courts continue to interpret FELA to balance employee protections with employer responsibilities, and it remains a critical framework for addressing railroad workplace safety and compensation.