Railroads' Duties under FELAWhen Congress enacted the Federal Employers' Liability Act (FELA) for the protection of railroad workers nationwide, it not only created a system in which injured workers could recover compensation for their injuries, it also established a duty for railroads to provide employees with a reasonably safe workplace. This duty is non-delegable. If you are a railroad worker who was injured on the job, or if a family member who worked for a railroad died in an accident at work, it is important to speak to an attorney. Duty to Provide a Reasonably Safe Place to WorkThe fundamental duty of a common carrier by railroad under FELA is to provide employees a reasonably safe work environment. A railroad must act with reasonable care, which is determined by considering whether a particular hazard was foreseeable. Generally, a railroad has a duty to:
Duty to Provide Training and SupervisionAs part of their duty to provide a safe work environment under FELA, railroad companies must make sure that their employees are reasonably equipped and able to perform their assigned tasks. This duty includes ensuring that:
Commonly Litigated DutiesFELA was enacted in 1908, and since that time, the following specific duties owed by railroads have been commonly litigated:
ConclusionRailroads must provide their employees with a reasonably safe work environment under FELA. If your employer has breached this duty and you were injured as a result, you may be able to recover compensation for your injuries. An attorney who has experience handling FELA cases can guide you through the process of filing a claim. Copyright ©2009 FindLaw, a Thomson Business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |


