6.3 FELA-Negligence Defined is the legal concept for determining negligence in railroad worker injury cases that fall under the Federal Employers’ Liability ActFELLLA). NegligencfellaLA cases is determined by looking at whether the employer was careless or reckless in its actions or inaction. There are three types of negligence that may be involved in a FELL case: actual negligence, constructive negligence, and assumed responsibility. Actual negligence refers to an employer who fails to exercise reasonable care in the workplace, leading to injury or death. Constructive negligence is a legal concept where the employer’s actioninactionns are considered to be negligent regardless of how careful they may have been. Assumed responsibility is when the employer voluntarily assumes a duty of care toward the employee, such as providing safety equipment or training.