While the Federal Employers’ Liability Act (FELA) 45 U.S.C. § 51 et seq. offers protection to all railroad employees who are injured in the course of their employment due to some negligence on the part of the railroad or its employees, engineers and trainmen who suffer injuries on locomotives that are in use (i.e. not being repaired or serviced) […]
INJURIES ON LOCOMOTIVES
RAILROAD HAND BRAKE INJURIES
We are frequently asked by railroad employees who were injured during the use of a handbrake whether they’re covered by the FELA or if they have a case if an inspection of the brake after the injury showed it worked properly when inspected. The answers to these questions have been clearly responded to by the United States Supreme Court and […]
OVERVIEW OF THE FELA
The Federal Employers’ Liability Act (“FELA”), 45 USC § 51, et seq., is a humanitarian statute intended to protect railroad workers from unsafe conditions and practices associated with their occupations. Its purpose has been interpreted as to adjust and allocate the cost of work-related injuries, an inescapable expense of the railroad industry, between the worker and the railroad. Sinkler v. […]
Do Railroad Office Workers Have FELA Rights?
Yes, to give the briefest and clearest answer. Any employee of a railroad corporation that engages in interstate commerce has coverage for work-related injuries and occupational illnesses under the law formally known as the Federal Employers Liability Act. LEARN MORE Retired Railroad Workers Can File FELA Claims Are There Damage Limits Under FELA? FELA was enacted in 1908 to protect […]
Why You Need an Experienced Railroad Derailment Lawyer When You Suffer Injuries or Lung Damage From a Train Wreck
No one can feel completely safe when a train goes off the tracks. “Train wreck” did not become shorthand for a disastrous situation for no reason. As Virginia-based railroad injury lawyers for going on 40 years, we have seen firsthand some of the worst results from train derailments. We helped several victims of the Norfolk Southern chemical train crash in […]
What Duties Do Railroads and Landowners Have to Prevent Crashes at Private Crossings?
More than 6,700 miles of railroad track exist in Virginia, and those tracks cross thousands of driveways, business lots and private roads. Nearly every one of those private railroad crossings lacks the flashing warning lights and automatic gates drivers, bike riders and pedestrians have grown to expect on public roads and highways. In fact, a majority of private railroad crossings […]
Rail Accidents Have Declined 55% in Montana in Past Decade
Railroad accidents, derailments and fatalities have declined in Montana and other parts of the country in the past 10 years, according to data from the Federal Railroad Administration. The FRA reports that the decline is a reflection of efforts to enhance safety and by efforts in Montana specifically to communicate better with federal regulators, and to detect any trends. According […]
Amtrak Train Crash Kills 2 and Injures 116 in South Carolina
An Amtrak train traveling from New York City to Miami slammed into a freight train in the early morning hours of Feb. 4, killing at least two people and injured 116 others. Thousands of gallons of fuel also were spilled. Amtrak stated that the train was carrying eight crew and 139 passengers when it struck a CSX train near Cayce, […]
DOT Urges Railroads to Implement Automatic Braking By End of 2018
The Department of Transportation stated this month that railroads must act urgently to meet a Dec. 31, 2018 deadline to adopt automatic braking technology. Transportation Secretary Elaine Chao made the statement in a letter she sent to 47 of the nation’s railroads in early January. Chao’s urgent call to action came a few weeks after an Amtrak train derailed Dec. […]