All across the United States, staffing shortages are crippling major industries. The problem is especially critical on the railroads where indications of a strike nearly shut down services and paralyzed the economy. These worker shortages are not good for safety or for business on railroads where current conditions already have employees stretched to their breaking point. In September, a standoff […]
Is the Railroad Staffing Shortage Affecting Worker Safety?
Is There a Cap on Damages for FELA Claims?
There are no limits on the recovery of compensation in FELA claims. To seek damages, a railroad injury attorney may factor in current as well as future wages, and other non-economic losses to the railroad worker. Juries award compensation in FELA lawsuits in proportion to the injuries and the degree of negligence. Factors That Affect the Value of Damages in […]
What Qualifies as A Hazardous Safety Condition?
FELA is the exclusive mechanism for railroad workers wanting to bring a compensation claim for their work-related injuries against the railroad company. While a railroad worker can file a FELA in either state or federal court, they must prove negligence on part of the employer to be able to collect the claim. Unlike a workers’ compensation claim, the onus is […]
What Is the Federal Employers’ Act (FELA)?
The Federal Employers’ Act (FELA) was enacted by Congress in 1908 to protect and compensate railroad workers injured on the job if the railroad is at least partially negligent in causing the injuries. FELA is not a workers’ compensation act. It is fault-based and requires a railroad worker to prove their injury was caused either completely or partially by the […]
Understanding the Impact of Coworker Negligence on Your FELA Claim
One of the unique aspects of the protections the Federal Employers’ Liability Act (FELA) provides employees may recover under the Act for injuries caused by their fellow employees. A railroad is responsible for injuries to an employee if the negligence of the railroad contributes “even in the slightest” to the cause of the injury. There is a litany of duties […]
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 […]
NTSB Finds That Hoboken Train Speed Tripled Before Wreck
A deadly train crash in New Jersey on Sept. 29 that killed one and injured more than 100 underwent a rapid acceleration just before impact as it entered a busy commuter station in Hoboken NJ, according to the NTSB. The NTSP stated that the train was rolling into the station at a normal eight MPH, but for some reason, about […]
Railroads Sluggish to Adopt Safety Technology as Deadline Passes
Many commuter and freight railroads continue to be slow to adopt safety technology that could prevent deadly crashes and derailments. This is in spite of the fact that that Congress has mandated that railroads install positive train control or PTC. PTC uses digital radio signals, GPS and signals on tracks to monitor the position of trains. It has the ability […]
FRA Issues Status Updates for Positive Train Control Progress
The Federal Railroad Administration (FRA) last week issued a status update that is calling for railroads to come out with Positive Train Control (PTC) technologies, which uses GNSS technology, as some as they are able to do so. This update also emphasizes the Obama administration’s call to send more funding to help commuter railroads to implement Positive Train Control. PTC […]