Rules set by the Occupational Safety and Health Administration (OSHA) apply to railroad workers only in a limited capacity due to the overlapping jurisdiction with the Federal Railroad Administration (FRA). While there are some instances where OSHA rules apply, other agencies generally oversee the safety of railroad workers and the industry as a whole.
If you were hurt while working, a FELA railroad injury lawyer is your best resource for determining the facts of your case and your next steps. They will understand the agencies that oversee railroad safety and set the regulations your employer must follow.
Who Has Authority Over Safety for Railroad Workers?
OSHA, which oversees safety for most industries, does not apply to railroad workers under most circumstances. This is because railroad workers are regulated by a special branch of the U.S. Department of Transportation known as the Federal Railroad Administration (FRA).
The FRA oversees and enforces safety regulations for the railroad industry. This includes setting safety standards for railroad workers, checking for violations, and investigating accidents. To this end, FRA acts in a similar way that OSHA might in other industries, such as construction.
Under some circumstances, some railroad workers’ jobs might fall under OSHA oversight. The FRA regulates rail yards, track maintenance, trains, and signals. However, some railroad employees might work in offices, machine shops, or other locations not regulated by the FRA. Their safety might fall under OSHA guidelines.
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What Happens When an Injury Occurs Due to an FRA Violation?
Even when an FRA violation leads to a railroad worker’s injuries, the railroad worker most likely does not have access to a traditional workers’ compensation policy. Instead, injuries to railroad workers are covered by the Federal Employers’ Liability Act (FELA).
Under the FELA, injured railroad workers can sue their employer for on-the-job injuries that occurred due to the carrier’s negligence. While the worker can recover money for their missed wages and current and future medical care, the process to recovery is much different than workers’ compensation. The injured worker must file a lawsuit against their employer (the railroad carrier) to recover the money. The injured workers must also present evidence and satisfy their burden of proof for why they deserve compensation.
It can be difficult to secure compensation through this process, especially if you do not have the experience and knowledge of a skilled attorney on your side. When you file a FELA wrongful death or injury case against the employer, you either win or lose the case. If you lose, you will not receive any compensation for your injuries.
Why Does It Matter Which Regulations Apply to Railroad Workers?
FELA injury claims are based on negligence. To win compensation in your injury case, a railroaders must show that their carrier acted carelessly or recklessly and that the railroader suffered injuries as a result. Often, this occurs as a direct result of a violation of a railroad safety regulation, or a violation significantly contributed to the accident and injuries or death.
Since OSHA applies only to a small percentage of railroad employees, you will not want to risk searching and looking for violations of these regulations. Instead, you must also consider the FRA and its industry rules and regulations by speaking with an experience designated railroad lawyer.
Managing this process on your own or even with the help of most workplace injury lawyers can be stressful and unsuccessful. Instead, you want someone with the specialized experience that comes from handling FELA claims for injured railroaders. A railroad work injury lawyer will have the knowledge and skills you need. They will likely also have access to other resources for railroad workers hurt on the job.
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What Damages Are Available for Injured Railroaders Under FELA?
FELA does not allow railroaders to recover no-fault benefits for their medical care and lost wages like many workers are accustomed to from workers’ compensation. Instead, the injured railroader must file a claim against their employer directly.
This process requires them to document their recoverable damages and show that their employer was negligent, which caused their injuries. Only with the necessary evidence, can an injured railroader win the claim and recover damages that include:
- Past, current and future lost wages
- Past, current and future medical expenses
- Lost fringe benefits
- Pain and suffering
- Loss of enjoyment of life
Recovering full compensation for your expenses and losses on your own may be difficult or even impossible. These cases require specific knowledge of the regulations and how to show what occurred. Even navigating the claims process on your own can be challenging and frustrating. Working with an attorney familiar with these claims lets you focus on healing and getting better.
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How Quickly Do I Need to Contact an Attorney About My Railroad Injuries?
There are deadlines for filing a claim against your carrier under the FELA. Generally, you have up to three (3) years from the discovery of your injury and/or the date of the accident. However, you do not want to wait to begin this process. The sooner you have a knowledgeable lawyer on your side, the better. They can protect your rights and manage your case while you undergo treatment and rehabilitation.
You do not have to stress about your legal options or next steps or worry you are not doing enough to build a strong case for compensation. Your attorney will take care of investigating what happened, gathering evidence to show negligence occurred, identifying any FRA or OHSA (when applicable) violations, and developing a strong strategy to hold your carrier accountable.
As soon as possible, contact a a designated railroad attorney familiar with FRA regulations and FELA claims. Our FELA and FRA attorneys work on contingency fees, so you will not come out of pocket having to pay any upfront costs to enlist our help with your case.
Talk to Our Railroad Injury Attorneys About Your Case for Free
At Poolson | Oden Injury Lawyers, we have 50+ years of combined experience navigating injury claims and lawsuits for railroad workers. In the last five years alone, we have more than $26 million recovered for injured clients. We have the experience and know-how to understand your case, develop an effective approach, and build a convincing argument for compensation.
Contact us today for a free consultation. We will assess your options and explain how our attorneys can help.
