Railroad workers who are injured while on duty are typically excluded from state Workers’ Compensation programs. Instead, they must pursue compensation under a federal law called the Federal Employers’ Liability Act (FELA). As noted in several of our other blogs, claims under the FELA require a showing of all the typical elements of a personal injury case, including negligence.
Generally, showing that the railroad was negligent in causing an injury means that the injured worker needs to show that the railroad failed to provide a reasonably safe place to work. The railroad will often attempt to argue that it was not negligent because it did not know of a potential problem that it certainly would have fixed, if only it had known.
There are many different ways that a worker can defeat this railroad defense, through showing the railroad had notice of the unsafe condition. This can be through showing that the railroad knew or should have known of the dangerous condition.
The best way of showing that the railroad actually knew of a problem is through the use of prior complaints. When coworkers have reported a piece of broken machinery, inadequate lighting, a malfunctioning switch, or areas of washed-away ballast, these complaints can show that the railroad knew about the problem, but failed to fix it.
Showing that the railroad should have known of a problem is also possible by looking at evidence that:
- The railroad failed to make inspections that would have identified hazards;
- In addition to federally mandated inspections, the railroad generally has a duty to test and inspect the workplace, including places that railroad workers are required to go off-site, such as industrial sites for switching and railroad-provided accommodations.
- Numerous other individuals were injured in similar ways throughout the railroad system, demonstrating that the railroad should have investigated whether there was a large-scale problem;
- The condition existed for a long period of time, such as an uneven parking lot, that then becomes icy in the winter;
- Showing that another worker created the condition, because the railroad is responsible for the actions of their agents and employees.
The railroad has many sophisticated defenses, and an experienced railroad injury attorney can assist you in proving that you are entitled to recover damages for your injuries. Contact us today for a free and confidential consultation.
