In 1908 Congress passed a comprehensive statute directed at protecting rights of injured railroad workers known as the Federal Employers Liability Act. Congress passed the law in response to appalling accident rates in the rail industry and to promote uniform rules regarding railroad equipment and practices. FELA is the exclusive remedy for most claims an employee may have against his employer and provides in part that:

"Every common carrier by railroad while engaging in commerce shall be liable in damage to any person suffering injury while he is employed by such carrier in such commerce, or, in case of death of such employee,…for such injury or death resulting in whole or part from negligence of any of the officers, agents or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed or other equipment."

LIABILITY

FELA is not worker’s compensation. It does not provide for automatic recovery. Compensation is available to injured workers under FELA if there is evidence that the injury was caused, in whole or part, by the fault or negligence of the railroad, including the failure of the railroad to provide a reasonably safe place to work.
The carrier must also provide safe tools and equipment as well as proper training for the use of the tools and/or equipment, and proper training for any work involved in the everyday operation of a railroad. In addition, and if a safer way to do a job was available at the time of the injury, the carrier may also be liable. It is necessary for an injured employee to prove that the carrier was somewhat at fault to have a valid claim. If you are unsure as to the validity of your claim, please contact an attorney as soon as possible.

SAFETY APPLIANCE AND BOILER INSPECTION ACTS

The Safety Appliance Act forces the carriers to continually provide safe and proper appliances and couplers on in-service locomotives and cars. Additionally, grab irons, steps, handbrakes, ladders and running brakes fall under this Act. The carriers are duty bound to make sure that these appliances are in working condition. If any of these appliances are found to be defective, it is not necessary for the injured employee to prove negligence.

The Boiler Inspection Act requires that the locomotive, locomotive boiler, tender and all parts of the locomotive be in working condition as well. Again, as in The Safety Appliance Act, if any of this equipment is found to be defective, it is not necessary for the injured person to prove negligence to recover from the carrier.

WHAT DO I DO IF I AM INJURED?

If you are a railroad employee and suffer an injury during the course of your employment, it is very important that are familiar with the following so as to protect yourself and your families’ interests:

1. Keep a Record.

Railroads often try to avoid their obligations to injured employees. Knowing this, it is extremely important that an injured worker obtain and maintain information establishing that the cause of the accident was in whole, or in part, due to the negligence or fault of the railroad or its employees and/or unsafe working conditions. This is because when a railroad worker takes his/her claim to court, he/she has only to show that the injury was caused in part by the negligence of the railroad or its employees. Even if the injured worker was himself/herself negligent to some degree, that negligence can only be used by the railroad to reduce the amount of money the injured railroad worker will win. In fact and in certain types of cases, the negligence of the injured worker is no defense to the railroad at all, and workers may collect in full.

2. Do not sign a statement until you know your rights.

It is common practice for railroads to try and get the injured employee to sign a statement or make out reports and sign forms as to how the accident happened immediately after the accident. This is often done when the injured worker is in extreme pain or even under medication at his or her hospital bedside. Under these conditions, employees will often sign such statements without understanding or even reading them. Beware because statements signed in such instances often include wording which a clever claims agent will use in an attempt to prove that the accident was not the fault of the railroad, or any of its employees, but was the fault of the injured person.

Do not make any statements, either orally or in writing, and do not fill out any forms nor make any reports of any kind, signed or unsigned, as to how the accident occurred, until you have been fully advised by your attorney. Most union agreements with the railroads specifically provide that an employee is entitled to representation even in an "investigation." Even if no such union provision exists, the Federal Employers' Liability Act gives an injured employee the right to have representation in any and all` aspects of the claim. Many claims have been defeated or sharply reduced in the amount because injured railroaders sign statements or fill out forms or make reports which they do not carefully read or properly understand.

3. You Cannot Be Fired For Making A Claim Or Contacting An Attorney.

The Federal Employers' Liability Act forbids carriers to terminate workers who make a claim arising from an injury or who wish to obtain the services of an attorney. The Act is very clear and strong on this point and specifically provides:

"Whoever, by threat, intimidation, order, rule, contract, regulation or device whatsoever, shall attempt to prevent any person from furnishing... such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest, shall, upon conviction thereof, be punished, by a fine of not more than $1,000 or imprisonment, for not more than one year, or by both such fine and imprisonment, for each offense."

RECOVERY FOR INJURIES

Injured workers have the right to have a jury determine whether they are entitled to compensation and how much. An injured FELA plaintiff can recover the following damages:

a.) Pain and suffering and loss of enjoyment of life in the past and in the future.

c.) Loss of earnings in the past and the future loss of earnings or a loss of earning ability.

d.) Past and future medical expenses incurred as a result of the injury received.
It is important that injured workers obtain the advice and counsel of a lawyer. An experienced attorney is the railroad worker's best guarantee that his claim will be properly evaluated, properly handled and presented. It is also the best guarantee for the greatest chance of recovering the largest amount of money. Contact theDavis Law Center for a free consultation.

Contact the Davis Law Center today at 248-865-7740 or contact by email at ndavislaw@ameritech.net.