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. […]
OVERVIEW OF THE FELA
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 […]
FRA Final Rule Requires Better Safety Approach for Passenger Rail
The Federal Railroad Administration (FRA) has issued a final rule in August 2016 that states that passenger railroads will need to adopt more proactive safety rules to prevent serious accidents, injuries and deaths. The final rule issued by the US railroad regulator is called the system Safety Program. Under it, railroads are required to develop a better and quantifiable safety […]
CT Congresswoman Reintroduces Rail Safety Enforcement Act
Connecticut Congresswoman Rosa DeLauro is leading an effort on Capitol Hill to reintroduce the Rail Safety Enforcement Act, which would mandate that railroads establish and implement a Fatigue Management Plan. It also would provide railroad workers with a defined start time, or at least 10 hours notice before reporting to the job. DeLauro made the announcement at the West Haven […]
DC Metro Fires 20 Managers After Multiple Smoke/Fire Injuries
After several years worth of DC Metro safety incidents that have led to several deaths and dozens of personal injury lawsuits, the general manager for the trouble-plagued metro system fired 20 station managers as part of his effort to reform the system. The general manager, Paul Wiedefeld, followed through on earlier threats to fire managers in the troubled public transit […]
FRA Announces $25 Million Funding for Rail Safety Improvements
The Federal Railroad Administration has started to take applications from local governments, states and railroads for $25 million in grants to fund their railroad safety efforts. Applicants can ask for funds for safety upgrades to railroad crossings, tracks, tunnels, yards, bridges, etc. The grants have been made available under the 2016 Consolidated Appropriations Act. According to US Transportation Secretary Anthony […]
Florida Supreme Court Takes FELA Case Involving Railroad Worker Death
Almost 10 years after a CSX railroad conductor died in a remote part of Florida as he worked for the railroad, the Florida Supreme Court has agreed to take up a lawsuit about CSX Transportation’s duty to provide medical assistance. The widow of the deceased train worker, Larry Sells, appealed to the FL Supreme Court after the First District Court […]