Does F.E.L.A require the injured worker to prove the railroad caused the accident?
Yes, F.E.L.A. is a fault-based system. Contrary to state Workers’ Compensation acts, which are no-fault statutes, evidence of fault on the part of the railroad is required to establish the injured worker’s right of recovery. The test for determining the railroad’s negligence is whether the railroad’s action or inactions played any part, even the slightest, in causing the worker’s injury or death.
