Whether you’re someone who can’t live without your cell phone or you believe people have grown too dependent on devices, this technology has undoubtedly changed the way we live. However, if you work on the nation’s railroads, understanding the rules and regulations surrounding cell phone use on the job is critical. If you have sustained an injury due to another employee’s mobile device use while on duty, the following blog explores what you should know about seeking the compensation you deserve in these matters with the help of a FELA lawyer.
What Should I Know About Cell Phones and Railroads?
Since 2008, cell phones have proven dangerous for those operating heavy machinery. There have been thousands of car accidents due to drivers texting and driving, resulting in severe injuries and fatalities. However, this is no different for those who work on the nation’s railroads. Unfortunately, in 2008, two incidents brought cell phone use by train personnel under the microscope. The Federal Railroad Administration (FRA) banned the use of cell phones by railroad employees in 2011. The only exception is when a worker needs to communicate with dispatch, and a cell phone is the only means of communication available.
If I’m Hurt Because Someone Violated the Rules, What Can I Do?
In the event you are injured on the job because another employee is using a cell phone at the time of the accident, understanding your legal actions is imperative.
Depending on the circumstances of the accident, you may be able to hold the railroad company liable for the injuries you’ve endured under the Federal Employers’ Liability Act (FELA). However, you should note that holding the railroad company liable can be difficult.
Generally, under the Federal Employers’ Liability Act, the railroad is responsible for the negligence of its agents. If one of their employees is negligently using a cell phone, the liability is imputed back to the railroad.
However, you may also be able to show that the company failed to properly train employees on the rules and regulations surrounding cell phone use on the job. As such, if an employee uses their phone and an accident occurs, the company can face liability as they have a duty to ensure all employees, especially those in important positions to operate the train, understand the dangers of using these devices on duty and that they are strictly prohibited.
Similarly, if an employee is using a cell phone and you are injured, you may be able to hold the railroad company liable if they knew about this issue and did nothing to prevent or penalize it. For example, if the employee responsible for your injury has been caught using their device multiple times but has never been punished, you can hold the company liable, as proper disciplinary actions in the past could have prevented the accident.
As you can see, cell phone use at work can prove incredibly dangerous. If you have been injured because the railroad failed to take the necessary measures to prevent employees from using devices, working with an experienced FELA attorney is in your best interest. At Doran & Murphy, we understand that sustaining an avoidable injury at work can be devastating. Our firm is committed to assisting you during these difficult times. Contact us today to learn more.
