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Employment Law

Railway FELA & Construction Workers’ Comp

Posted by on Sep 13, 2013 in Construction Accidents, Employment Law, Personal Injury, Workers' Compensation | 0 comments

The railroad industry is a lucrative business for many American laborers. According to the Association of American Railroads, people working in the railroad industry enjoy jobs ranging from engineers, dispatchers, law information, information technology, and industrial development. In addition to offering comprehensive benefit packages to workers, many railway companies are committed to employing veterans through the Joining Forces initiative.

Railroading jobs often demand high levels of physical exertion from their employees. The physically demanding setting of railways, coupled with the comparatively high potential of injury justifies the attractive benefits package included in railway workers’ compensation packets. The Federal Employers Liability Act (FELA) is a worker’s compensation act exclusively available to railway workers.

According to the website of the attorneys at Hach & Rose, LLP some high-damage accidents that occur on railways are head-on train collisions, derailment, crossing signal malfunction, platform gaps, excessive speed, non-operating tracks, mechanical failures, and boiler explosions. FELA protects victims of severe accidents including railway workers and their families. FELA cases are negligence-based, which requires the situation to be the fault of the railway company. Families are able to collect compensation for pain and suffering as well as lost wages when a worker suffers from a severe injury or even death.

Railway companies are responsible for maintaining the safest environment possible for rail workers in the same way that property managers and general contractors are responsible for providing well-marked working conditions for construction workers. According to the website of attorneys at Hach & Rose, LLP electrical lines should be marked clearly and powered down appropriately, natural hazards should be marked within the property, tools and vehicles should be operated properly, slip and fall hazards should be eliminated, and dangerous chemicals should not be present at a work site. When these maintenance requirements are violated property managers can often be held liable for injuries sustained by workers.

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