Under the Federal Employers’ Liability Act, a railroad must provide its workers a reasonably safe place to work. That duty includes supplying safe tools, machinery, and equipment, and following recognized safety protocols and safe work methods. That is the law. In practice, railroads often fall short, and when an injured worker files a claim, the carrier reaches for the same […]
Defenses Commonly Used in FELA Liability Cases
What is the FELA Claims Process?
Railroad work is vital, and it is also among the most dangerous jobs in the country. Depending on your specific role and responsibilities, you may face the risk of serious injury, from deep lacerations to broken bones, on any given day. When that happens, the path to compensation isn’t the one most workers know. A FELA attorney can guide you […]
Why Vocational Evidence Can Make or Break a Career-Ending FELA Claim
A settlement handled by a law firm in California shows just how much goes into a serious railroad injury case, and why the right kind of testimony can decide its outcome. The injured worker was a 33-year-old train conductor. He fell from a rail car, and the car crushed his left foot. What started as a partial amputation of the […]
Rule G Explained: Alcohol, Drugs, and Your Rights as a Railroad Worker
The rule is short and unforgiving. For an on-duty railroad worker, the legal limit for blood alcohol concentration is zero. Not 0.04, not a trace. Zero. Anyone who would register a BAC above 0.00 has no business in a rail yard when the shift whistle blows. The same goes for drugs. Workers on the clock cannot have any measurable amount […]
What Railroad Workers Need to Know About FELA Claims in Virginia
Railroad work has always carried real risk, and the law that protects injured rail workers reflects that. The Federal Employers’ Liability Act, known as FELA, gives employees of freight and passenger railroads engaged in interstate commerce the right to pursue compensation when they’re hurt or made sick on the job. It also covers occupational illness claims, not just sudden accidents. […]
How the FELA Statute of Limitations Works
The Federal Employers’ Liability Act, commonly known as FELA, is the federal law that gives railroad employees the right to file a lawsuit when they are injured on the job. Unlike state workers’ compensation systems, FELA allows injured rail workers to bring a negligence claim directly against their employer and have a jury decide the case. Workers’ compensation caps benefits […]
Railroad Injury Claims in Virginia: What Workers Need to Know About Filing Under FELA
Virginia is railroad country. Norfolk Southern has been based in Norfolk for decades. CSX Transportation, which grew out of the old Atlantic Coast Line and Seaboard railroads, is still a Virginia corporation, even though its operations are now run from Jacksonville. Amtrak routes crisscross the state, with principal offices just across the northern Virginia border in Washington, D.C. The result […]
FELA vs. Workers’ Compensation: What’s the Difference for Injured Railroad Workers?
When most people get hurt on the job in this country, they file a workers’ compensation claim. The system is straightforward, more or less. The worker gets medical care and a portion of their lost wages, the employer’s insurance pays the bill, and the question of who was at fault rarely comes up. It isn’t perfect, but it works for […]
What the Federal Rule of Two-Person Train Crews Means for Railroad Safety
For decades, the question of how many people belong in a locomotive cab has been one of the most contested issues in the railroad industry. Workers and unions have argued that two crew members are essential for safe operations. Railroad companies have pushed in the other direction, citing automation, technology, and cost savings as reasons to operate with a single […]
Do You Need an Accident Report to File a FELA Claim?
Railroad work is dangerous, and injuries happen fast. In the chaos that follows a workplace accident, filing an incident report isn’t always the first thing on a hurt worker’s mind. Sometimes the injury doesn’t seem serious at the moment. Sometimes a supervisor brushes it off. Sometimes the pain doesn’t really set in until hours or days later, after the shift […]