The training process to become a railroad worker is long and difficult. After classroom training and “hands-on” training, workers are typically given additional on-the-job training. These workers are considered trainees, but are tasked with doing railroad work. If a railroad trainee is injured, do they get workers’ compensation benefits? Generally speaking – no, railroad trainees do not get workers’ compensation benefits. They are covered by a separate, federal worker protection law.
Veteran railroad workers typically understand that they are not covered by state workers compensation, but new employees and trainees may not know this and it can lead to confusion for the worker and their medical providers who try to bill workers’ compensation for the medical treatment. The Federal Employers’ Liability Act provides compensation to railroad workers injured as a result of their employer’s negligence – even when those workers are in training or probationary employees.
There are many examples of trainees being injured while working at the railroad such as being injured as a result of close clearances, or while getting on and off moving equipment. The FRA even issued an Alert regarding the importance of properly supervising less-experienced employees after two conductor trainees were killed while on duty. The Alert further advised that 22% of switching fatalities include inexperienced workers.
Under the Federal Employers’ Liability Act, the worker must be able to demonstrate that the railroad was negligent – that it did something incorrectly, or didn’t do something that it should have done. This can be difficult for a worker with less experience who may be persuaded that the accident or injury was their own fault. A railroad injury lawyer may be able to assist in determining the railroad’s liability.
The railroad has a duty to provide a reasonably safe place to work – even to trainees. If you or a loved one were injured while working for the railroad, please contact the experienced railroad injury attorneys at Doran & Murphy today.
