FELA Burden of Proof

To carry the burden of proof under FELA, one must prove the following in order to recover:
1.  At the time of your injury, you were engaged in an activity at work that furthered your railroad’s business in interstate commerce.  Essentially, you must show you were working to further the carrier’s business between the states.
2.  Your injury must be due to the railroad's negligence in failing to provide you with a safe place to work, proper tools to do the job required, proper equipment, or sufficient help to get the job done.
3.  The injury for which you claim compensation under FELA must have been directly caused by the accident you had on the job  at the railroad.         

© 2016 by Davis, Saunders & Miller, PLC 


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