Common Types of Injuries

The most common hazards facing railroad workers include electrocution, falling from moving railway vehicles, being struck by a moving train, and being struck by objects during railroad construction or repair. These mishaps can result in broken bones and back/neck injuries, and in severe cases, the injuries can be fatal.

Background to the FELA

Congress enacted the FELA in 1908 to protect railroad workers, who were suffering injuries and death at high rates during the industrialization boom in the late 19th and early 20th centuries. Despite the FELA's enactment, railroad workers continue to face higher risk of injury and death than do workers in many other fields. For example, in a recent year, railroad workers were twice as likely to be killed on the job compared to the overall rate for private sector workers. Although this statistic is troubling, it can be considered progress of sorts, as the fatality rate for railroad workers has at times exceeded three times the average rate across industries.

FELA's Employer Requirements

Under the FELA, railroad employers have a duty to provide a reasonably safe workplace. Employers that fail to do so may be liable for worker injuries incurred on the job. As one might expect, the definition of "reasonably safe" is a contentious issue in many FELA claims.

FELA Claims

In contrast to workers' compensation claims, a successful FELA claim requires an injured worker to prove that his or her employer acted with negligence (workers' compensation claims do not require that an employer acted negligently, only that the employee was injured while on the job). Another important difference between FELA and workers' compensation claims is that a FELA claim can include payments for pain and suffering, while workers' compensation claims do not. This means that a successful FELA claim can provide an injured railroad worker with more money than a workers' compensation claim would. Employer negligence under the FELA can include providing inadequate training or safety equipment to employees, imposing unrealistic deadlines that force employees to work shifts or hours that result in unsafe conditions, and requiring workers to use tools that may be unsafe. Note that in general, a FELA claim must be filed within three years from the date of injury.

How an Attorney Can Help

An attorney can answer your questions about railroad safety regulations and standards. If you've been injured, an attorney can explain the FELA claim process to you, so that you understand how to obtain compensation as you recuperate. This section contains information for consulting with an attorney who specializes in railroad injury claims.