Big names like Union Pacific, CSX Transportation, Norfolk Southern, and BNSF tend to get all the credit for railroad operations in the United States. However, often forgotten are the hundreds of short line and regional railroads that have a great impact on the industry. Further, many would assume that short line railroad workers carry a lower risk for injury because their work covers smaller territories, but the exact opposite is true. With that being said, please read on to discover why injuries are more common among short line railroad workers than you would expect, and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you understand whether this financial coverage act extends to you and your line of work.
Why are injuries more common among short line railroad workers than people realize?
To reiterate, short line railroad workers tend to face greater exposure to work-related hazards, usually due to one of two reasons. For one, given the smaller crew size, one worker may be expected to handle several varying job functions in a single shift. Namely, they may be in charge of switching operations, coupling cars, inspecting track conditions, and other random railyard operations. This culmination of arguably dangerous tasks may spike the likelihood of physical strains, or otherwise errors or accidents that result in serious physical injuries.
Secondly, short line railroads tend to operate older locomotives, given extenuating factors like lower budgets, lighter traffic, shorter routes, etc. What happens next, though, is that brake systems begin to age, ballasts begin to deteriorate, and segments start to decline in durability. And again, with a smaller crew size, there is a greater chance that such hazards go unnoticed. With these unsafe working conditions, injuries from slips and falls, train derailments, and other relevant accidents are all the more common among short line railroad workers.
Does FELA cover short line and regional railroad workers in the event of an injury?
If you are a short line railroad worker, you may assume that you do not receive the same benefits as someone who works for Union Pacific or another major freight railroad. Meaning, in the event of a work-related injury, you may believe that you do not have the legal right to pursue financial compensation through the Federal Employers’ Liability Act (FELA). Well, you may be happy to learn that you are sorely mistaken here.
That is, even if the line you work for only operates locally, freight often moves as part of a greater interstate system. This connection to the interstate may just place you under the proctection of the FELA program. To be sure, you should conduct your own online research of the list of approximately 700 short line railroads subject to FELA liability, and see if your employer can be found here. Your coverage may get complicated with corporate ownerships, leasing arrangements, or contracting parameters, so you should also consult with an experienced lawyer on their take.
If you wish to explore your legal options moving forward, please allow one of the competent FELA lawyers from Hildebrand McLeod & Nelson LLP, to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.
