I. Overview
II. Accidents: Vehicle/Pedestrian Crossings
III. Accidents: Passenger Accidents and Derailments
IV. Accidents: Worker Injuries
V. FELA In Detail
VI. Safety: Vehicle Crossings
VII. Safety: Pedestrian Crossings
VIII. Extra-Hazardous Crossings
IX. Internet Resources

Accidents: Worker Injuries

Railroad workers are covered by the Federal Employers Liability Act (FELA). FELA is based on the principle of fault, rather than the no-fault basis of state worker’s compensation laws. An injured worker must therefore show that the railroad’s negligence caused his or her injury in order to receive compensation. FELA places specific duties on the railroad. If it fails to develop and enforce workplace safety rules, provide a safe workplace through inspection and maintenance, and give its employees adequate time and equipment to maintain safety, then it can be found negligent and therefore liable for injuries.

To make a successful FELA claim, a worker must meet the following requirements:

• He or she must have been injured in the course of his employment with the railroad while performing his or her duties;
• The claim must be filed within three years of the date of injury;
• The railroad must be engaged in interstate commerce, and;
• The railroad must be shown to be negligent.

A successful FELA claim may entitle the worker to damages for past and future pain and suffering, disability, medical costs, and lost earnings. Negligence resulting in death can trigger additional benefits. FELA also covers occupational hazards and long-term conditions such as hearing loss, asbestos exposure, arthritis, and any worsening of a pre-existing condition caused by work.

Thousands of people are injured on and around trains every year. The issues of fault and negligence introduce complex issues of law into the recovery of damages for these injuries. The advice of a personal injury attorney with experience in railroad cases can be vital to your claim and the recovery of damages.

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