FELA Claims for Track Maintenance Worker Injuries
The backbone of Alabama’s railway system is not just the steel rails and wooden ties; it is the dedicated Maintenance of Way (MOW) employees who work tirelessly in all conditions to keep the tracks safe for passage. From the bustling rail yards of Birmingham to the critical arteries connecting Mobile’s port, these workers trackmen, foremen, welders, and signal maintainers perform physically demanding labor under the constant threat of immense danger. The work environment is unforgiving, with exposure to heavy machinery, powerful locomotives, and the ever-present risk of a split-second mistake leading to a life-altering event.
When an injury occurs on the railroad, the path to securing fair compensation is different from most other industries.
What Is the Federal Employers’ Liability Act (FELA)?
Railroad workers injured on the job are not covered by state workers’ compensation laws. Instead, their right to recover damages is governed by a specific federal law passed over a century ago: the Federal Employers’ Liability Act (FELA). Congress enacted FELA in 1908 to provide a uniform system for railroad employees to receive compensation for on-the-job injuries.
Unlike workers’ compensation, FELA is not a no-fault system. To have a valid claim, an injured MOW employee must prove that the railroad’s negligence, in whole or in part, caused their injury. This means showing that the railroad failed to provide a reasonably safe place to work. The burden of proof under FELA is lower than in typical negligence cases; the worker only needs to show that the railroad’s carelessness played any part, no matter how small, in causing the harm.
How Is FELA Different from Standard Workers’ Compensation?
The distinction between FELA and workers’ compensation is significant for an injured track worker. While workers’ compensation provides scheduled benefits for medical bills and a portion of lost wages without needing to prove fault, it also limits the total amount an employee can recover and generally does not allow for pain and suffering damages.
FELA, on the other hand, allows for a much more comprehensive recovery. Because it is a fault-based system, a successful FELA claim can provide compensation for a full range of losses, including:
- All past and future medical expenses.
- Full recovery of past and future lost wages and benefits.
- Loss of future earning capacity.
- Compensation for physical pain, mental anguish, and emotional distress.
- Damages for scarring, disfigurement, and loss of enjoyment of life.
While proving negligence is a necessary step, the potential for a complete financial recovery under FELA is substantially greater than what is available through a state workers’ compensation system.
What Specific Dangers Do Maintenance of Way Employees Face?
MOW employees work in a dynamic and inherently hazardous environment. Their duties expose them to a unique set of risks that are not present in other occupations. Railroads have a legal obligation to mitigate these dangers, and a failure to do so can form the basis of a FELA claim.
Common workplace hazards for track department workers include:
Moving Trains and Equipment: The most obvious danger is being struck by a passing train, locomotive, or other on-track equipment. This can happen due to inadequate lookouts, failures in communication, or violations of “foul time” safety rules.
Defective or Improperly Maintained Tools: MOW employees rely on a host of tools, from spike pullers and tampers to welding torches and ballast regulators. When this equipment is poorly maintained or defective, it can fail catastrophically.
Unsafe Hi-Rail Vehicles: The specialized trucks used to travel on rails are a frequent source of injuries, often due to rollovers, collisions, or mechanical failures caused by improper maintenance.
Slips, Trips, and Falls: Walking along the right-of-way is treacherous. Poorly maintained ballast, overgrown vegetation, discarded materials, and uneven surfaces can lead to serious falls resulting in fractures and joint injuries.
Lifting and Repetitive Motion Injuries: The work is physically grueling. Handling heavy rails, ties, and tools day after day can lead to debilitating back injuries, hernias, and joint damage from repetitive stress.
Exposure to Harmful Substances: Workers may be exposed to welding fumes, diesel exhaust, herbicides, and other chemical agents without proper protective equipment.
What Is the Railroad’s Duty to Provide a Safe Work Environment?
Under FELA, every railroad carrier has a non-delegable duty to provide its employees with a reasonably safe place to work. This is a broad and continuous obligation that covers many aspects of the job. For MOW employees, this duty includes, but is not limited to:
- Providing proper tools and equipment that are in good working order.
- Ensuring adequate training for all job tasks.
- Implementing and enforcing safety rules and procedures.
- Providing sufficient manpower to complete tasks safely.
- Warning employees of any known hazards in the work area.
- Maintaining the right-of-way to be free of tripping hazards.
- Protecting crews from passing trains and on-track equipment.
When a railroad fails in any of these duties and a worker is injured as a result, the railroad has acted negligently and can be held liable under FELA.
Common Causes of Injuries to Track Department Workers
Injuries to track workers are rarely “freak accidents.” They are almost always the predictable result of a failure to follow safety protocols or a decision to prioritize speed over safety. Some of the most common forms of railroad negligence that lead to MOW worker injuries in Alabama include:
Inadequate Safety Briefings: Failure to conduct thorough job briefings that identify all potential hazards before work begins.
Violation of Safety Rules: Disregarding established operating and safety rules, such as those governing track protection (foul time) or the operation of hi-rail vehicles.
Failure to Provide Proper Lookouts: Not assigning a dedicated and properly trained lookout to warn the work crew of approaching trains.
Defective Equipment: Forcing employees to use tools, machinery, or vehicles that are known to be in a state of disrepair.
Poorly Maintained Right-of-Way: Allowing the area around the tracks to become littered with debris, old spikes, ties, or overgrown with vegetation, creating trip hazards.
Insufficient Staffing: Assigning too few workers to a job, forcing them to take shortcuts or engage in unsafe lifting practices.
Lack of Training or Supervision: Failing to train employees on the safe operation of new equipment or placing inexperienced workers in charge of dangerous tasks.
The Important Role of FRA Regulations in Track Safety
The Federal Railroad Administration (FRA) creates and enforces a detailed code of safety regulations that govern all aspects of railroad operations, including track maintenance and safety. These regulations are not guidelines; they are federal law.
When a railroad violates an FRA safety regulation, and that violation contributes to an injury, it can be considered negligence per se. This is a powerful legal principle in FELA cases. It means that if it can be proven that the railroad broke a specific FRA rule intended to prevent such an injury, the element of negligence is automatically established. The case then focuses on causation and damages, not on arguing whether the railroad was careless. This prevents the railroad from arguing that its actions were “reasonable” even though they violated federal law.
What Types of Injuries Are Common for MOW Workers?
Given the nature of their work, track maintenance employees are susceptible to severe and often career-ending injuries. The physical toll of these accidents can be devastating and permanent.
Common injuries sustained by track workers include:
Spinal Cord Injuries: Resulting from falls, vehicle accidents, or being struck by equipment, potentially leading to paralysis.
Back and Neck Injuries: Herniated discs, strains, and sprains from heavy lifting and operating vibrating machinery.
Traumatic Brain Injuries (TBI): Caused by falls or impacts during collisions.
Amputations and Crush Injuries: From being caught in machinery or pinned by heavy materials like rails or ties.
Severe Fractures: Broken bones in the arms, legs, hips, and ribs are common in falls and equipment-related accidents.
Repetitive Stress and Overuse Injuries: Carpal tunnel syndrome, tendonitis, and arthritis developed over years of performing the same strenuous motions.
Burns: From welding accidents or contact with hazardous chemicals.
Wrongful Death: In the most tragic cases, these safety failures can be fatal.
What Compensation Can Be Recovered Through a FELA Claim?
A successful FELA claim aims to make an injured worker whole again by providing full compensation for all losses caused by the railroad’s negligence. This is a far more extensive recovery than what is offered by workers’ compensation.
Damages that may be recovered include:
Past and Future Medical Bills: All costs associated with treatment, from emergency care and surgery to physical therapy, medication, and rehabilitation.
Past and Future Lost Wages: Compensation for the income, overtime, and benefits lost while out of work, and what you are likely to lose in the future.
Loss of Earning Capacity: If the injury prevents you from returning to your job as a trackman or limits your ability to earn a living in any capacity.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury and its aftermath.
Loss of Enjoyment of Life: Damages for the injury’s impact on your ability to engage in hobbies, family activities, and other aspects of a normal life.
What Is the Statute of Limitations for a FELA Claim in Alabama?
FELA has a strict statute of limitations. An injured railroad worker generally has three years from the date of the injury to file a lawsuit. If a lawsuit is not filed within this timeframe, the claim is permanently barred. There are very few exceptions to this rule. Therefore, it is important to act promptly after an injury to protect your legal rights.
What Steps Should You Take After a Track Maintenance Injury?
The actions taken immediately after a work injury can have a significant impact on your health and your FELA claim.
Seek Immediate Medical Attention: Your health comes first. Get a complete medical evaluation from a doctor of your choice. Do not downplay your symptoms. Report every detail of your injuries and how they occurred.
Report the Injury: Follow company policy to fill out a personal injury report. State the facts clearly and accurately. Do not guess about what happened or accept blame.
Document Everything: If you can, take photos of the accident scene, the defective equipment, or the hazardous conditions that caused your injury. Get the names and contact information of any witnesses.
Preserve Evidence: Keep any defective tools, torn clothing, or other physical evidence related to the accident. Write down everything you remember about the incident as soon as possible.
Decline to Give a Recorded Statement: Railroad claim agents work for the railroad, not for you. You are not obligated to provide them with a recorded statement. Politely decline until you have sought legal counsel.
Contact a Knowledgeable FELA Attorney: FELA is a specialized area of law. An attorney with substantial experience handling railroad injury claims will know how to investigate the accident, gather evidence of negligence, and protect your rights.
Your Rights as an Injured Track Worker in Alabama
Railroad carriers in Alabama, like CSX or Norfolk Southern, must be held accountable for injuries caused by safety rule violations. Burge & Burge, PC, represents injured railroad workers in FELA claims, thoroughly investigating negligence to secure full compensation, allowing clients to focus on recovery.
If you are a Maintenance of Way employee who has been injured on the job, you do not have to confront the railroad’s legal department by yourself. We are here to provide the support and guidance you need. Contact us today at 205-947-2962 for a consultation to discuss your case.