On the Job Railroad Injuries and the FELA Get your
Free Consultation
Custy Law Firm | Accident & Injury Lawyers

February 28, 2019

On the Job Railroad Injuries and the FELA

Railroads in the United States transported 623,473,905 passengers in 2018.  As we’ve seen on recent news, however, railroad operations can be dangerous or deadly. The Federal Railroad Administration reports that there were 10,482 injury accidents involving railroad operations in 2018 with 3,614 of those incidents involving railroad employees who were on the clock. Railroad employees injured on the job can bring a claim pursuant to the Federal Employer’s Liability Act.

Congress Enacts the Federal Employer’s Liability Act (“FELA”) in the Early 1900’s to Protect Railroad Workers

FELA was a response to the special needs of railroad workers that face the risks of railroad work and cannot provide adequately for their own safety.  The FELA makes railroads engaging in interstate commerce liable to their employees for “injury or death resulting in whole or in part from the 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, works, boats, wharves, or other equipment.”  45 U.S.C. § 51 (1939).

The Act is not restricted to the type of railroad employee covered, the source of injuries recognized, or the cause of the resulting injuries. The only requirement is that each case must involve some negligence on the part of the railroad.

FELA Cases Are Governed by Federal Law

The FELA is grounded in negligence but diverges from traditional rules of common law. For example, the FELA will impose liability on the railroad employer if its negligence played any part in the injury, regardless of how small. Further, the proof of negligence required in a FELA action is less than required in an ordinary negligence case. A FELA verdict can be sustained if there is any probative evidence to support even the slightest negligence on the part of the railroad.

The FELA also eliminated railroad employer defenses such as contributory negligence in certain situations and assumption of the risk on the part of the railroad worker.

The FELA reflects Congressional intent to try and provide a safe work environment for railroaders and shift the risk of injury to the party who is in the best position to prevent it, the employer.

If you are a railroad worker that has been injured on the job we can help.

RailRoad

In The News

Dec 01
The Most Common Causes of Car Accidents

While some car accidents may be unavoidable and not any driver’s fault, such as a deer jumping into the road, most car accidents are preventable. There are many reasons or […]

VIEW ALL NEWS
Why Is the Black Box Important in Truck Accidents?
Nov 01

The roads and highways of Indiana are full of large commercial trucks that transport goods across the state and country. The value of any given truck’s cargo is incredibly high, […]

What You Need to Know About Minors and Indiana Motorcycle Helmet Laws
Oct 01

Motorcycles are unique vehicles. They are a source of fun, entertainment, and convenient transportation. They’re particularly popular with young riders and passengers under 18. However, if you want to let […]

How Will I Know If I Have a Personal Injury Claim?
Sep 01

Unfortunately, many Americans are hurt in accidents each year. The National Safety Council estimates that there were more than 55 million injuries in 2020. If you were injured in an […]

Why Posting on Social Media After an Accident Can Hurt Your Case
Aug 28

You may have heard of “oversharing.” The term refers to sharing pictures or ideas too often or posting too much personal information online. Typically, oversharing is simply an annoying habit. […]

Testimonials

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law. […]

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the […]

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm […]

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted […]

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He […]

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the […]

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting […]

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional, […]

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very […]

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel […]

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why […]

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have […]

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was […]

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there […]

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me […]

- TIFFANY G.
View All Testimonials
American Association for Justice Logo
Illinois State Bar Association Logo
Academy of Truck Accident Attorneys
National Trial Lawyers top 100 Attorneys Logo
NTL Top 10 for Trucking Litigation
National Institute for Trial Advocacy
Indiana Trial Lawyers Assocation
Trial Lawyer's College Thunderhead Ranch Logo
American Association for Justice Logo
National Association of Distinguished Counsels
American Association for Justice Logo

GET YOUR FREE

CASE EVALUATION