Railroad accidents usually consist of derailments, collisions with passenger vehicles, collisions with other trains, or accidents due to mechanical failure. Often it is the railroads’ negligence or the operator's negligence that leads to these accidents, which means they could have been potentially avoided had the railroad acted properly. Railroad accidents also occasionally result in hazardous material spills.
Railroad Workers & FELAIin 1908 Congress passed the Federal Employers Liability Act (known as "FELA") for the protection of the thousands of railroad workers employed nationwide. FELA established and continues to provide a federal system of legal recovery for for injuries suffered by the railroad worker while on the job. Almost any worker employed by a railroad company will be protected under FELA if they are injured on the job, including those whose primary duties are not performed in or around trains. FELA provides railroad companies and employers with a uniform liability standard when it comes to working conditions and employee safety on the job.
Under FELA, railroad companies and employers owe railroad workers a number of duties, the violation of which can result in a finding of liability under FELA. These include the duty to:
- Provide reasonably safe work environment, equipment, tools, and safety devices;
- Inspect the work environment to ensure it is free of hazards;
- Provide adequate training, supervision, assistance, and help to employees in their job functions;
- Ensure workers are safe from harmful intentional acts of others;
- Enforce safety rules and regulations;
- Prevent use of unreasonable work quotas
