Railroad Law Update

Railroad Law Virginia FELA Injury Attorney Charlottesville

The U.S. Supreme Court Maintains Rights of Injured Railroad Employees

The U.S. Supreme Court, in a 5 to 4 decision, affirmed that an injured railroad worker only has to show that the railroad’s negligence played “a part – no matter how small – in bringing about the injury”. The June 23, 2011 decision addressed a basic railroad law question concerning the Federal Employer’s Liability Act (FELA).

The decision is a decisive victory for injured railroad workers. It leaves in place a standard set by the U.S. Supreme Court in 1957. In basic terms, it means an injured railroad worker does not have to show proximate cause, but only has to show the negligence of the railroad played a part – no matter how small – in bringing about the injury.

This is a solid victory for railroad workers and for the FELA attorneys who fought the railroads’ attempts to change this law. The five judge majority ruled the FELA law intended to establish a “relaxed standard” of liability in cases involving injured railroad workers. The dissenters, led by Chief Justice Roberts, wrote that the test as it stands “is no limit at all” when it comes to a negligence standard.

This is a good decision that protects railroad workers and allows personal injury railroad lawyer to continue to recover for injured employees. My personal thanks, and thanks from the Wilson & Hajek law firm, to all who contributed time and money towards this effort.


Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro