For many railroad employees, taking the necessary precautions to keep yourself and others safe is paramount. Unfortunately, others may not prioritize safety, and as a result, you can be injured due to their negligence. However, when the entity responsible for the damages is a contractor, your employee may try to avert blame. As such, you may be unsure how to proceed to fight for the compensation you deserve when you are injured due to the negligent actions of others. The following blog explores who can face liability in these situations and why working with a FELA lawyer is in your best interest during these complicated matters.
What Is the Federal Employers’ Liability Act?
The Federal Employers’ Liability Act is a set of regulations that the government enacted in response to the staggering number of injuries railroad employees sustained while on the job. This holds companies responsible for injuries to workers caused by the negligence of the company. As a result, railroads have begun enforcing safety standards and providing necessary training and equipment to help avoid liability.
Regardless, many employers will still work to cut corners and increase productivity and profits while neglecting safety. As a result, a worker who was injured is eligible to file a FELA claim to fight for the compensation they deserve.
Will FELA Apply if a Contractor Hired by the Railroad Injures Me?
While the railroad must be found at least partially negligent to recover the compensation you deserve, they may try to avert blame if the party responsible is a contractor. However, because this outside party is hired by the railroad, it is still the railroad’s responsibility to ensure a safe work environment.
For example, if you are working on the tracks while a tree service company is working on taking down a nearby tree and you are struck by debris or equipment, you can hold the railroad company liable. Even though the contractor is not technically an employee of the railroad, they are employed to do a job for the railroad company.
Like any FELA claim, you can begin by showcasing the negligence of the contractor, such as their failure to maintain proper safety protocol while on the job. It’s also important to understand that both the railroad and contractor can face liability for the damages you’ve endured while working.
Unfortunately, filing a FELA claim can be incredibly complex, with many unaware of their rights during these matters. As such, the railroad often manipulates workers, leading them to settle for much less than they are entitled to or bear the burden of the cost on their own. That’s why it’s imperative to connect with an experienced FELA attorney with Doran & Murphy. Our firm understands that sustaining an injury while on the job can be devastating, so we will do everything possible to assist you in these matters. Contact us today to learn how we can fight for you.
