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FELA-An
Overview
Railroad workers face a dangerous work environment that is filled
with potential hazards. As a result,
at the turn of the century, in 1908 Congress passed the Federal Employers
Liability Act (known as “FELA”) for the protection of the
thousands of railroad workers employed nationwide. FELA established and continues to provide
a federal system of legal recovery for railroad workers and their families,
for injuries suffered by the railroad worker while on the job.
If an equipment defect causes an injury to a railroad worker, the
employer will likely be liable for those injuries under FELA, based on its
failure to properly inspect the work environment.
Employer's Workplace Duties
When Congress enacted the Federal
Employers Liability Act (known as “FELA”) for the protection of
railroad workers nationwide, it not only created a system where injured
workers could receive legal compensation for their injuries, it also
provided railroad companies and employers with something of an uniform
liability standard applicable to working conditions and employee safety on
the job. The FELA requires that
railroads provide their workers with a reasonably safe work environment at
all times and in all situations.
OSHA & Workplace Safety
One of the easiest ways to prove that a railroad company/employer is
liable for your injuries under FELA is to establish that some federal
workplace safety regulation was violated in connection with your
injuries. The Federal Railroad
Administration standards and the Occupational Safety and Health
Administration (OSHA) safety standards and regulations apply to work done
by railroad employees, so it is helpful to have a general idea of your
rights under the FRA and OSHA as a railroad employee. The FRA and OSHA standards are not the
only federal guidelines that can govern workplace safety. Other such
standards that might come into play in a FELA claim include the Boiler
Inspection Act and the Safety Appliance Act. Your attorney will assess the
applicability of any and all work environment safety regulations in your
case, in making a determination as to who is responsible for your injuries.
What To Do If You Are Injured
The events that occur
immediately after any workplace injury are often the most critical to the
rights of the injured employee, and claims under FELA are no
different. If you or a loved one
have been injured while employed as a railroad worker, it is important that
you take certain steps and precautions after the incident, to ensure that
your rights to compensation under FELA are not compromised. You should immediately call Bauer &
Baebler, P.C. at 1(800) 682-4529 to advise you regarding your rights and
how to proceed.
FELA Resource Links
Federal Railroad Administration
From the U.S. Department of Transportation, includes information on
railroad development, safety, and legislation.
AFL-CIO
Links to information on occupational health and employee rights in the
workplace.
National Transportation Safety
Board
A government agency investigating transportation safety issues and causes
of accidents.
National Labor Relations Board
An independent federal agency concerned with representation, investigation,
and remedies for unfair labor practices by employers and unions.
Association of American Railroads
Member railroad companies committed to keeping the railroads of North America safe, fast, efficient, clean, and
technologically advanced.
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