US Federal

What is 'comparative fault' in a FELA railroad injury case?

Not a bar
Partial fault
Jury decides
Fault %
Reduces award
Damages cut
FELA only
Federal law
The Short Answer

Comparative fault in a FELA case means a railroad worker’s recovery is reduced by their percentage of fault — unlike traditional contributory negligence, partial fault does not bar recovery.

What the Law Says

The Federal Employers’ Liability Act (FELA) replaces the harsh common-law rule of contributory negligence with a more worker-friendly comparative fault system.

Under traditional tort law, if an injured worker was even 1% at fault, they could be completely barred from recovery. FELA rejects that rule. Instead, it allows recovery even when the worker shares some responsibility for the injury — but the amount awarded is reduced in proportion to the worker’s share of the fault.

This principle is embedded in the statutory language of 45 U.S.C. § 51, which establishes employer liability for injuries 'resulting in whole or in part from the negligence' of the railroad. The phrase 'in whole or in part' is the statutory foundation for comparative fault under FELA.

Statutory Text

Every common carrier by railroad while engaging in commerce ... shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.

— 45 U.S.C. § 51 — Liability of common carriers by railroad...

What to Do

1

Document all facts about how the injury occurred — including your own actions and the railroad’s conditions or failures.

2

Preserve evidence (photos, witness statements, maintenance logs, safety reports).

3

Consult a FELA-experienced attorney promptly — deadlines and procedural rules differ from state personal injury cases.

4

Prepare for a jury trial: under FELA, fault allocation is decided by the jury, not a judge.

5

Do not sign settlement offers or releases without legal review — FELA settlements require court approval if the worker is a minor or incompetent, and fairness scrutiny applies broadly.

Sources

statute45 U.S.C. § 51 — Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.