Are injured workers barred from recovery under F.E.L.A. if they were partly responsible for the accident?
No. When it is established that the railroad was negligent in causing injury to a worker, the railroad cannot use as a defense the fact that the injured worker was partly responsible for causing the accident. However, the negligence of the injured worker is taken into account when determining the amount of monetary damages that the worker is entitled to receive in a F.E.L.A case. For example, if the railroad was negligent in causing an injury which is worth $50,000 and it is determined that the injured worker was 10% comparatively negligent in contributing to the cause of the injury, the monetary damages would be reduced by 10% or $5,000. The railroad, in this example, would be liable to pay the injured worker $45,000.
