Who qualifies to file a claim under FELA?

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Railroad workers employed by common carriers engaged in interstate commerce whose duties involve railroad operations can file FELA claims. This federal law covers a wide range of railroad employees injured or killed during job duties due to employer negligence.

The interstate commerce requirement

Railroad employees who work for companies that operate across state lines are covered by FELA. This statutory requirement defines which employers and employees receive FELA protections. The primary criterion for eligibility is employment on an interstate railway rather than an intrastate one.

Types of railroad workers covered under FELA

FELA covers numerous job categories within railroad operations. Among those who qualify are:

  • Train engineers, conductors, and brakemen who manage train operations
  • Track maintenance workers who repair and maintain rail lines
  • Signal operators and signal maintainers who ensure safe communications
  • Yardmasters who oversee rail yard operations
  • Railcar inspectors who examine equipment for safety
  • Switchmen who direct rail traffic and switching operations
  • Shop workers who repair and maintain railroad equipment
  • Maintenance-of-way employees who maintain tracks, bridges, and infrastructure
  • Administrative or support staff whose roles relate to interstate transportation activities

Workers injured while performing duties on rail lines, in rail yards, in repair shops, during transport assignments, or while doing other railroad-related work qualify for FELA protection.

Contractor and subcontractor eligibility

A contractor or subcontractor may be covered by FELA in certain circumstances. Workers who worked as "borrowed servants," under dual masters, or under railroad control can file claims. Courts determine contractor eligibility by examining factors such as who provides tools and equipment, who makes payment, who has authority to hire and fire, and who exercises supervision and control over the work performed. Coverage excludes casual laborers and workers who do not advance interstate rail functions.

Coverage for occupational injuries and illnesses

A FELA claim covers both traumatic injuries that occur suddenly and occupational illnesses that develop over time. Those who suffer injuries due to workplace accidents, repetitive stress injuries, cumulative trauma, or long-term illnesses can file claims. Work on railroads can present risks immediately or over time for many months or years.

Claims after worker death

If a railroad worker dies as a result of a work-related injury or illness, FELA allows his or her estate or eligible dependents to file a claim. If the deceased worker's spouse, children, or other dependents relied on him or her for financial support, they may recover compensation for their losses through wrongful death settlements. Typically, these claims are filed on behalf of the deceased employee's estate by a family member.

Proving employment relationship and negligence

Workers must prove that they were employed by a covered railroad engaged in interstate commerce at the time of their injury before they can file a successful FELA claim. Their injuries must also be proven to be caused by negligent employers, unsafe working conditions, or defective equipment. FELA's negligence standard requires showing that employer fault caused an injury or illness, even in the slightest way.

Our attorneys provide legal assistance to injured railroad workers

Our attorneys have extensive experience representing railroad employees in FELA claims across various job categories and types of injuries. Whether you work in train operations, track maintenance, rail yards, repair shops, or other railroad functions, ELG Law can assess whether your position qualifies for FELA coverage and whether you have grounds for a claim. You can discuss your employment situation and injuries with Environmental Litigation Group today to find out if you qualify for FELA compensation.