Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Working for a railroad is a dangerous job that requires a railroad employee to work with machinery, equipment, chemicals in a wide variety of locations, in all kinds of weather 24-hours a day, 7-days a week.
Fortunately, Congress passed a law to protect all railroad employees if they get injured on the job and to protect their families if the railroad employee gets injured or killed. This law is called the Federal Employers Liability Act (FELA), and it takes the place of workers compensation benefits for railroad workers.
Under the FELA, railroad companies are required to enforce safety regulations, provide adequate training and supervision, and refrain from applying unreasonable work quotas. If an employer fails to adhere to the regulations and a railroad employee is injured as a result, the injured railroad employee may bring a FELA lawsuit against the company.
A successful railroad injury lawsuit under FELA can allow an injured railroad employee to receive compensation for medical treatment, lost wages, and pain and suffering. It forces the railroad industry to be accountable to a railroad employee and provide for safer working conditions
Railroad Employee Rights
FELA provides a federal remedy for injured railroad employees, but it also serves as a kind of guideline for railroad employee safety standards, and the duty of railroad companies in meeting those standards. Under the Federal Employers Liability Act (FELA), railroad employees have the right to:
- Report a workplace accident or railroad injury
- Refuse to work in hazardous conditions
- See their own physician for medical care
- Obtain their own railroad injury lawyer
- Volunteer information
- Sue the railroad for personal injury and compensatory damages
- Have Federal Railroad Association (FRA) and Occupational Safety and Health Services (OSHS) regulations enforced
- Fall protection while performing railroad work on bridges
- Protection from moving trains
When the workplace is not made at least reasonably safe by the railroad company, and a railroad employee has a injury at work or accidental death, the railroad is said to be negligent.
Proving the railroad company has been negligent in their duty to protect railroad employees is a key component to personal injury claims under FELA. There must be proof of negligence on the part of the railroad– negligence that either caused or contributed to causing the railroad employee’s injury.
The standards of duty the railroads have to their employees are many in number. To name a few of the many, the railroads must:
- Provide a reasonably safe place to work
- Exercise reasonable care for the safety of its railroad employees
- Furnish reasonably safe tools and equipment, as well as safety devices
- Select proper and safe methods to do the work
- Furnish enough help to get the work done safely
- Inspect the workplace for safety hazards
- Adopt and enforce safety rules and practices
- Provide adequate training in work methods and use of tools and equipment
Obtain a Free Railroad Injury Case Evaluation
If you or a loved one suffered a railroad injury on the job, you may be eligible to take legal action against the employer and seek compensation for your injuries.
