The federal government soon realized that railroad work was inherently, extremely dangerous and thereby it required a special set of laws separate from regular workers’ compensation laws. This was addressed through the Federal Employers Liability Act (FELA). Essentially, FELA sets out to place a high bar of responsibility for railroad company employers and the type of workplace environment they promote. And if an employer is neglectful or careless in upholding these responsibilities, this Act offers an injured railroad worker the opportunity to recover their incurred damages via legal action. With all that being said, please read on to discover an employer’s responsibility according to FELA, and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you properly execute your highly anticipated claim.
What is an employer’s held responsibility under FELA?
As a general statement, FELA expects railroad company employers to maintain safe working conditions on the job site so to prevent workers from getting hurt while on the clock. More specific examples of their stated responsibilities are as follows:
- An employer must take reasonable steps to make the workplace free of potentially hazardous or unsafe conditions.
- An employer must fix hazardous or unsafe conditions promptly and inform their workers of them in the meantime.
- An employer must offer adequate training to their workers on how to safely and competently perform their tasks.
- An employer must supply their workers with the appropriate safety gear, tools, and equipment to perform their tasks.
- An employer must properly supervise their workers and the overall workplace while work is being done.
- An employer must adhere to federally enforced safety rules and regulations for the railroad industry.
What are my responsibilities if I wish to pursue a FELA claim?
If you believe that your railroad company employer failed to uphold one of their given duties, and you got seriously injured as a result, then you have to in turn pursue a FELA claim against them.
First, you are responsible for reporting your work-related injury to your employer as soon as possible. At the same time, you must immediately seek medical treatment for your injury, and collect any and all detailed medical records regarding your visits, treatments, etc. Back tracking a little bit, while you are still at the scene of your workplace accident, you should capture photos of the scene, witness statements from your fellow coworkers, and any relevant communication you shared with your employer or supervisor present at the time.
While you are expected to file your FELA claim within three years of your accident event, it is preferable to, again, do so sooner rather than later. This is because you may better establish a clear tie between your employer’s shortcomings and your incurred injuries, with little to no room for them to dispute it.
If you have any outstanding questions yet to be answered, please ask one of the competent FELA lawyers. Anyone at Hildebrand McLeod & Nelson LLP is willing and able to offer the support you need.
