Negligence is defined as  the railroad's failure to exercise reasonable care in its obligation to  the employee. It could be as a result of not providing a safe place to  work, proper tools and equipment to do the job, or adequate help or  training. The courts have held that the employer's negligence does not  have to be the sole cause of the accident. So long as the carrier was at fault in the slightest degree it is enough to establish the right to  bring a claim.

If the employee was also  at fault in causing the accident the jury can reduce his award by the  percentage that he was at fault. For example, if the damages totaled  $100,000.00 but it was determined that the employee was 25% at fault,  the net award would be $75,000.00. Under the FELA the injured employee  may file a lawsuit in the state or federal courts and have a jury decide the damages, if any, to which he is entitled. Unless the claim is  settled the lawsuit must be filed within three years of the date of the  accident.

As distinguished from  state workman's compensation laws, there is no schedule of benefits,  whether weekly or otherwise to which an employee is entitled. Instead  there are elements that determine damages. They include lost wages, pain and suffering, permanency of injury and effect on life style, future  pain and suffering, future lost wages, and out-of-pocket expenses  including medical costs.

Usually the damages under  the FELA can be significantly greater than that which would normally be  collected if under workmen's compensation. Because the FELA involves  bringing a claim directly against the employer, the railroads make every effort to keep the amount they pay out as low as possible.

In order to counter this,  and because it is a specialized area of the law, the BLET has appointed  "designated counsel" around the country to whom members can go for  guidance, advice, and representation. They are all experienced in  handling FELA claims.