Railroad employees face unique workplace hazards that can lead to serious injuries or occupational illnesses. Understanding what types of employees are covered under FELA is crucial for anyone working for a railroad company. Read on and consult with a knowledgeable FELA lawyer for more information regarding your legal rights and options after an injury.
What is FELA?
The Federal Employers’ Liability Act (FELA), enacted in 1908, is a federal law established to provide legal recourse for railroad workers injured or killed on the job due to employer negligence. Unlike no-fault state workers’ compensation systems, FELA is a fault-based system. To recover compensation, an injured worker must demonstrate that the railroad’s negligence contributed, even in part, to their injury.
What is Considered Railroad Negligence?
Examples of railroad carrier negligence that may support a FELA claim include:
- Failing to provide a reasonably safe workplace for employees
- Providing defective, inadequate, or unsafe tools and equipment
- Neglecting to provide necessary safety training or proper operational instructions
- Failing to implement adequate protections or safety measures
- Requiring excessively long shifts, leading to fatigue and operational errors
- Neglecting to adequately warn workers about known hazards
What Damages Can Be Recovered Through a FELA Claim?
FELA offers protections by allowing employees to pursue civil litigation to hold railroads accountable. If negligence is proven, workers can recover comprehensive damages, including economic losses like past and future medical expenses and lost wages, as well as non-economic damages such as pain, suffering, and loss of enjoyment of life.
Furthermore, FELA uses a comparative negligence doctrine, meaning that even if an employee was partially at fault, they may still be entitled to recover compensation, given that the railroad also bears some responsibility for the incident.
What Types of Railroad Employees Are Covered Under FELA?
To be eligible for FELA protection, an individual must generally be an employee of a railroad carrier engaged in interstate commerce. This protection is not dependent on an employee’s status as full-time, part-time, or seasonal. If you are directly employed by a covered railroad and are injured while performing work-related duties, you will generally qualify for FELA protection.
Relevant factors courts often examine to determine this employment relationship include whether the railroad controls your daily schedule, manages your specific work responsibilities, and provides your compensation.
Who May Not Be Covered?
It is crucial to distinguish between direct railroad employees and outside independent contractors. While standard railroad employees are typically covered, individuals hired through third-party staffing agencies, where the agency, rather than the railroad, controls the work and sets the schedule, may sometimes fall outside the scope of FELA coverage.
What Railroad Jobs Are Commonly Covered?
Commonly covered railroad jobs include:
- Locomotive engineers
- Conductors
- Switchmen and brakemen
- Track maintenance and repair workers
- Signal maintainers
- Equipment repair specialists and mechanics
- Yard workers
- Bridge and building workers
- Dispatchers and control operators
- Track inspectors
These workers often face significant physical hazards, which makes FELA protections especially important.
