Does FELA Cover Injuries Caused by Inadequate Training?

FELA will cover injuries caused by inadequate training. Under the FELA, railroad employers are liable for any negligence that causes employee injuries. Failing to provide adequate training to protect its railroad workers may be negligence.

If you are hurt on-duty while working for the railroad, you are able to seek financial compensation and medical treatment directly from the railroad companies, either by pursuing a claim and/or filing a personal injury lawsuit in Court.

A FELA railroad injury lawyer from Poolson Oden can help you understand the FELA provisions and what compensation you can recover in a claim and/or lawsuit.

What Is the FELA, and How Does It Work?

The Federal Employers’ Liability Act (FELA) is a federal law that governs liability for injuries to workers employed by rail carriers. In short, FELA gives railroad workers the right to sue their employers for negligent acts or omissions that contributed to their injuries.

In most industries, injured employees must rely on workers’ compensation and can’t sue their employers. The trade-off for no-fault workers’ comp coverage is that employers are generally immune to liability for work injuries.

FELA creates an explicit exception to this general rule for railroad employees. If you’re a railroad worker and you sustain injuries because your employer was negligent or violated safety standards, you can sue them directly, and the team at Poolson Oden can help.

Federal Standards on Railroad Employee Training

According to the Federal Railroad Administration’s (FRA) training standards rule, railroad employers are required to design and implement approved training programs for different occupational categories of employees. Federal law also requires rail carriers to conduct periodic oversight to gauge employee conduct.

Specifically, rail companies that employ workers for more than 400,000 hours per year must have annual performance reviews to assess employee training and gaps in performance. If safety issues are identified, employers must provide adjustments and refresher training programs.

More generally, the FRA maintains minimum training standards that rail carrier training must meet. If a rail company’s training programs don’t meet the minimum standards, it is out of compliance and can be held liable for negligence. At Poolson Oden, our FELA railroad accident lawyers can help you determine whether you’re eligible to hold the company liable.

Will FELA Cover Injuries Due to Inadequate Training?

Yes, FELA will often cover injuries due to inadequate training. Generally, FELA covers any injuries that happen due to your employer violating federal laws or safety standards. So if your employer doesn’t provide adequate training, it could be responsible.

Here are several examples of inadequate training:

• Not educating on the use of safety equipment
• Not teaching proper protocols and safety regulations
• Failing to instruct on using tools and equipment on the jobsite
• Neglecting to monitor and assess worker performance
• Failing to address or intervene with performance problems
• Encouraging dangerous behaviors or regulatory shortcuts

Proving that Your Employer is Liable Under FELA

Proving employer negligence is the main challenge of making a successful FELA claim. Fortunately, the standard of proof for demonstrating negligence in FELA claims is relatively low. You only have to demonstrate that employer negligence contributed in part to or wholly to your injuries.

This means that any amount of negligence in training from your employer can be grounds for a lawsuit if you’re injured. You need to get copies of all training documents and records of training that you underwent. You also need copies of any correspondence with your employer showing a failure or addressing training or lack of concern regarding safety regulations.

Compensation for Claims Under FELA

One of the main advantages of FELA claims is that you can recover a greater range of financial compensation than typical workers’ compensation coverage allows. Workers’ comp typically only pays for medical bills and a portion of lost work income. Notably, it doesn’t allow for non-economic damages for pain and suffering.

FELA claims have no such restriction. Poolson Oden can help you recover the full range of your losses in a FELA claim, including the full value of your lost work income, reductions in your earning potential, and damages for pain and suffering.

How a Lawyer Can Help

The team at Poolson Oden has extensive experience pursuing claims under the FELA. With us on your side, you can hold your employer accountable for their negligence and the harm they’ve caused. Below are just a few of the ways that we can help:

• Gather evidence. We can take the lead on gathering evidence to back up your claim. We can obtain and organize medical records, accident reports, employer training documents, and employee review histories.
• Administrative support. Filing a FELA claim can involve substantial paperwork and filing requirements. We can stay on top of documentation to ensure you meet all deadlines.
• Negotiation leverage. Railroad Carriers and insurance companies are notorious for denying and disputing claims. We can push back and firmly stand up for your interests when they try to shift blame or deny culpability.

Contact a FELA Railroad Injury Lawyer

Do you have any more questions about FELA covering injuries caused by inadequate training? If so, contact Poolson Oden online or by phone to schedule a case consultation.

Evaluations are free, and we don’t take a fee unless we win your case, so don’t hesitate to reach out today.