Railroad Employees’ Transportation Injury Guide

Written by: Brian Gerard Reddy

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The Federal Employers' Responsibility Act (FELA) holds railroads responsible for employees' safety while on the job. This includes times when employees are being transported to and from their work site. If you are a railroad employee who was injured while being transported to/from your job, you have the right to request compensation for medical bills, loss of wages, and other suffering caused by the injury.

Responsibility for transportation injuries

Railroads often hire other companies, such as limousine operators, to transport employees to jobs, terminals, or lodging. If you were injured on the job during transport, the railroad may be held responsible under FELA. However, it will only be held responsible for the transportation company's negligence if that company is legally considered an agent of the railroad. A transportation company will be considered an agent if it was involved in an operational activity for the railroad.

When FELA provides the right to compensation

Because railroads often deny that the transportation companies were acting as agents of the railroad, an attorney and a court, if your case goes to court, will need to review the facts of your particular situation. They will consider things like whether or not the railroad had a contract with the transportation company, and why you were being transported. In order to determine if the transportation company had a contract with the railroad, it is critical for the case to be properly analyzed by a FELA attorney. Without this analysis, it will be difficult to determine if you are eligible for compensation.

Other sources of compensation

Although you will need an attorney to determine whether you qualify for compensation under FELA, you may also be eligible for Railroad Retirement Board sickness benefits. The U.S. Railroad Retirement Board offers guidelines and forms for requesting compensation for work-related injuries. You should also find out if you qualify for any benefits from your own auto insurance company. For example, depending on the state, you may be entitled to no-fault–wage-loss benefits (compensation for wages lost due to an auto accident, regardless of fault). These are limited, temporary benefits. Most insurance companies have strict notification requirements for these benefits, making it helpful to discuss this option with an experienced FELA attorney.

What you can do to help build a FELA case

Get medical help and make sure your treatments are complete. Even if you are required to get medical attention from a provider that the railroad recommends, you should seek medical attention from a doctor of your choice as well.

Have someone photograph all the vehicles involved in the accident. Police agencies may have photos from the scene of the accident.

Get names and contact information. Document the names and contact info of all witnesses and the vehicle owners/operators.

Give factual information to police agencies. Opinions about who was to blame are not facts.

Contact an attorney. FELA attorneys can take immediate action to get important evidence and handle communication with the railroad agents, who are trying to protect the railroad.

Contact the Railroad Retirement Board. You may qualify for sickness benefits.

Contact your union representative. If charges are brought against you by the railroad, your union representative should be informed immediately.

What a FELA case may cost

Hiring a FELA attorney will help you make a strong claim for your compensation case and ensure that you get as much payment as you are entitled to. If you decide to hire an attorney, most will work on a contingency fee. This means that the attorney only gets paid when and if you are awarded money once the case is closed. The attorney is also motivated to do everything possible to get you the maximum possible amount.