There may have been multiple parties and external factors that contributed to your railroad accident and subsequent injuries and damages. While this may leave you in a state of shock, you may be left even more confused if independent contractors were involved in some capacity. While you may have a general sense of your legal rights under the Federal Employers’ Liability Act (FELA), this may be a niche situation that leaves you feeling lost. Well, to gain some clarity, please follow along to find out your eligibility to file a FELA claim against a contractor directly, and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson, LLP can guide you in taking the legal action most suitable for gaining financial compensation.
Who is covered under the Federal Employers’ Liability Act?
Speaking generally, FELA may only be intended to cover employees working on interstate railroads, including engineers, conductors, maintenance workers, shop workers, and other administrative staff workers. That said, if you are employed and paid by an independent contractor directly instead, you may not automatically receive this protection, but certain circumstances must apply.
Namely, you may be able to prove that the railroad company employer exercised significant control over your duties and work environment (i.e., enforced safety procedures, lent equipment and tools, daily assignments, etc.), or that you typically functioned as a “borrowed servant” of the railroad. This means you may have to produce more evidence than your independent contract, such as supervision logs, payroll records, and more.
Can I file a FELA claim against a contractor instead of a railroad?
Even if you confirm that you do qualify to be a plaintiff of a FELA claim, you most likely need to bring it against a railroad company employer rather than an independent contractor directly. This is because this statute holds that it is overall the railroad company’s responsibility to ensure a safe work environment for all its employees.
So, for example, say a contractor committed the negligent act of leaving debris, tools, or building materials on or near an active track, causing you to slip and fall. Even still, the railroad company should have reasonably ensured that the independent contractor, whom they employed to do a specific job for them, left the site safe for the rest of their employees.
Lastly, there may still be the option to pursue a separate, personal injury, or third-party claim against the negligent contractor simultaneously. Of course, these overlapping claims can create confusion around liability and the total damage caps you can seek recovery of. This makes strong legal representation all the more essential.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from one of the talented FELA lawyers from Hildebrand McLeod & Nelson, LLP. We will happily lend a hand.
